STATE OF HIMACHAL PRADESH Vs. MUKESH PATHIK

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 4.12.1999 passed by Judicial Magistrate, Ist Class, Court No.2, Rohru, District Shimla, H.P. in Police Challan No.69-2 of 1995, titled as State of H.P. vs. Mukesh Pathik , whereby the accused stand acquitted of the charged offence.

(2.) The case of the prosecution is that on 19.4.1993 Shri Dola Ram (PW-9) lodged a complaint (Ext.PW-9/A) stating that accused Mukesh Pathik, who was working as a clerk in the Govt. Sr. Secondary School, Rohru after forging the complainant's signatures had withdrawn a sum of Rs.54,985/- from the Post Office on 30.12.1992. The amount has been embezzled by the accused out of the building fund account. The accused was incharge of the accounts of fees and building fund. From 24.12.1992 the school was closed for winter vacation and he proceeded for leave on 25.12.1992. After reopening of the school, when the accused handed over the pass book to the Superintendent this fact was discovered only on 17.4.1993. On the basis of this complaint, FIR No. 131/93 dated 19.4.1993 (Ext.PW-11/A) was registered against the accused at Police Station Rohru, under Section 409, I.P.C.

(3.) During investigation withdrawal from (Ext.P-1), pass book (Ext.P-2) and the specimen handwriting of the accused were taken by the police. The documents were sent to the handwriting expert and the report (Ext.PB) was obtained. With the completion of the investigation, the challan was presented in the Court for trial.