STATE OF HP Vs. SITA RAM

JUDGEMENT

(1.) Ms. Kavita Jha, Advocate, has been requested to assist this Court as Amicus Curiae on behalf of accused-respondent and she has kindly agreed to the same. Accordingly, Ms. Kavita Jha, Advocate, has assisted this Court on behalf of accused-respondent in response to the submissions made by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 27.04.2000, passed by learned Judicial Magistrate 1st Class, Court No. 2, Rohru, District Shimla, Himachal Pradesh, in Police Challan No. 60-2 of 1995, acquitting the alleged accused-respondent under Sections 409, 468, 465 and 471 of the Indian Penal Code in reference to FIR No. 16 of 1992 dated 27.01.1992, P.S. Rohru.

(3.) Prosecution case in brief is that on 17.05.1995, accused- respondent Sita Ram had shown a sum of Rs. 10,000/- to have been sent to Sub Post Officer, Rohru, however, same was never received at Sub Post Office, Rohru. As such, accused-respondent has temporarily misappropriated the government amount to the tune of Rs. 10,000/- from 17.05.1991 to 11.11.1991, as such, accused-respondent was alleged to have committed the aforesaid offences. In this respect FIR was lodged and after completion of the investigation, accused- respondent was charged for the aforesaid offences and he was tried in the court.