STATE OF HARYANA Vs. SIRI DUTT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Judicial Magistrate Ist Class, Hisar, dated September 18, 1985 whereby the respondent has been acquitted of the charge under Section 409 of the Indian Penal Code.

(2.) THE facts of the case relevant to the disposal of the appeal are that the respondent was posted as a cashier in the Bichhpari Agricultural Service Co-operative Society in the year 1974 and during that period he allegedly embezzled a sum of Rs. 57,541.47 that had been given to him as cashier of the society. After completion of the investigation a challan under Sections 408/406 IPC was filed against the respondent and he was put to trial, which, as already indicated, resulted in his acquittal.

(3.) THE trial Court discussed the ocular evidence and came to a firm finding that as there was no documentary evidence inculpating the accused and even the documentary evidence that ought to have been in the custody of the prosecution had not been produced, the case against the respondent could not be proved. While dealing with the affidavit Ex.PW1/B-the court found that as the said affidavit had been procured by applying an inducement and a promise it had no value as it was hit by section 25 of the Indian Evidence Act and as it had not been recorded by a Magistrate in the manner indicated in section 26, it could not be taken into evidence.