P B PARDASANI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of Shri P. S. Pattar, Special Judge, Delhi, dated June 18, 1964, convicting P. B. Pardasani, Appellant, under Section 5 (2) read with Sections 5 (1) (c) and 5 (1) (d) of the Prevention of Corruption Act and Section 409, Indian Penal Code, and sentencing him to rigorous imprisonment for four years and to pay a fine of Rs. 40,000 or in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) THE appellant, an Assistant in the Ministry of External Affairs, Government of India, was working as Cashier in the Indian Embassy at Moscow for the period October 1, 1960 to September 29, 1961. He was prosecuted under Section 5 (2) read with Sections 5 (1) (c) and 5 (1) (d) of the Prevention of Corruption Act and Section 409, Indian Penal Code. The charge against him was that having dominion and control over the cash kept with him he dishonestly and fraudulently or by otherwise abusing his position as a public servant misappropriated Roubles 28097. 24 or dishonestly used or disposed of the same in violation of the directions of law prescribing the mode in which the trust was to be discharged or wilfully allowed others to do so. It was alleged by the prosecution that as a Cashier the duty of the appellant was to receive cash, properly disburse the same and maintain the cash book and vouchers showing the disbursement. He also had the custody of cash in hand. From 1st October, 1960, to 29th September, 1961, he dishonestly misappropriated or otherwise converted to his own use a sum of Roubles 28097. 24 which had been entrusted to him as a public servant. The appellant was to hand over the charge to N. A. Amin (P. W. 7) on October 1, 1961, and it was alleged by the prosecution that knowing that large amounts had been dishonestly misappropriated by him he caused disappearance of the evidence of the offence by tearing pages Nos. 81 to 96, both inclusive, of the cash book of the Embassy of India at Moscow, containing accounts for August and September 1961 and partly for July 1961. He was also alleged to liave destroyed the vouchers, both original and duplicate, for the month of September, 1961. The torn pages of the cash book, so far as the months of August and September are concerned, related both to the receipts and expenditure for the said months and regarding July 1961 they contained accounts for the expenditure only. According to the prosecution, the appellant destroyed these documents late in the evening on 29th September, 1961, and burnt them in the fireplace, in the Embassy building while, according to the appellant, they were intact on 29th September, 1961, when he left the office and must have been destroyed by someone on 30th September 1961. There is no direct evidence about the misappropriation of money but the shortage is sought to be established on the basis of reconstituted accounts, in view of the fact, that the original accounts, as stated earlier, were not available. Shri Section Than (P. :w. 3) gave evidence regarding the reconstruction of the accounts and stated:

(3.) I have not set out the rival contentions in detail because I am in agreement with the submission of the learned counsel for the appellant that there has been no proper sanction in this case. If that be so, the case may have to be retried. At first I thought that I should express my views also on the merits of the case so that in case my judgment is not upheld regarding the preliminary objection the matter may not have to come back to this Court for expressing opinion on the merits. After careful consideration I have decided not to express opinion on the merits for in the event of retrial the evidence would practically be the same and it may not be fair to any of the parties it there is an expression of opinion about the evidence by this Court.