STATE OF H.P. Vs. SMT. LALITA TEGTRA

JUDGEMENT

(1.) THE State is aggrieved by the judgment passed by the learned Sub Divisional Judicial Magistrate, Rohru, District Shimla acquitting the Respondent for offences under Sections 379 and 170 of the Indian Penal Code.

(2.) THE prosecution case is that on 1.8.2001, the Block Primary Education Officer, Rohru made a complaint to the Station House Officer, Police Station Sadar, Rohru alleging that the Respondent herein who was working as a J.B.T., Govt. Primary School (Girls) Rohru had been frequently entering his office since 23.10.2000. She was absenting herself from duties from that very day. It was alleged that she had taken away the stamp of the office and had refused to return it and was purportedly using it for writing mail/documents affixing this seal on them purporting to act under the authority of this office. It is alleged that she also tampered with the official dispatch register and that she is in possession of teachers' attendance register of the Govt. Primary School, Mehandli from 6.5.2000. The case set up by the Respondent was one of denial.

(3.) A number of submissions have been made by the learned Additional Advocate General on the state of the appreciation of evidence by the learned trial Court. Submission made on behalf of the State is that the learned Court below has been in error in ignoring the link evidence on the record to establish the commission of offence under Section 170 and 379 I.P.C. which were proved beyond all reasonable doubt.