TARUN NARAH DHARMESWAR NARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Sk. Muktar, learned counsel appearing for the accused/petitioner. Also heard Mr. D. Das, learned Addl. P.P., Assam appearing for the respondent No.1/State as well as Mr. K. Gogoi, learned counsel representing the respondent No.2/complainant.

(2.) The revision petitioner Tarun Narah was convicted u/s.409 of the IPC, in C.R. Case No.242/2009, to undergo rigorous imprisonment for six months and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for further six months, on the allegation that while working as the Secretary (Sasib) under the Sarba Sikhya Abhijan (SSA), the accused/petitioner withdrew all the amount granted by the SSA and misappropriated an amount of Rs.21,400/- (Rupees twenty one thousand four hundreds) only from the concerned, payable to the complainant Phatik Narah, who was working as Gaon Siksha Karmi. The aforesaid amount was pertaining to the period from August, 2007 to March, 2008.

(3.) Accordingly complaint was lodged by said Phatik Narah, alleging misappropriation of the amount by the accused/petitioner in the Court of learned SDJM, Dhakuakhana and the learned trial Court registered the same as C.R. Case No.242/2009, u/s.409/323/506 IPC and after examining the complainant, charge was framed u/s.409/323 IPC, to which the accused person pleaded not guilty. After examining five prosecution witnesses, the learned trial Court held the accused person guilty u/s.409 of the IPC and sentenced him as aforesaid.