STATE OF HIMACHAL PRADESH Vs. CHIRANJI LAL

JUDGEMENT

(1.) Accused Chiranji Lal was charge sheeted for having committed criminal breach of trust in respect of an amount of Rs. 10,275.26 p. during the period in -between 21 -64978 and 28 -4 -1979 and thus punishable under section 408 of the Indian Penal Code. He was acquitted by the learned Chief Judicial Magistrate, Kinnaur at Kalpa, vide his judgment dated November 23, 1981 aggrieved from which the State has filed the present appeal.

(2.) It has not been disputed before us that Chiranji Lal was working as an employee of Kinnaur District Co -operative Marketing Consumer Federation Ltd., Tapri, during the relevant period and further that he was Incharge of the Stores in his above said capacity.

(3.) Briefly stated the prosecution case against him was that he had sold goods worth Rs 3,855 -28 p. and Rs. 4,869 -12 p. vide Cash Memos marked P -l and P -2 respectively but had failed to deposit the aforesaid sale proceeds. In addition, goods worth Rs. 1,550 -86 p. were found to be short during the physical verification of the stock conducted by Shri Dalip Singh (PW 2) and Jiwan Lai from 21 -4 -1979 to 28 -4 -1979. The learned trial Magistrate, while acquitting the accused, held that it was a case involving civil liability and that no offence under section 408 of the Indian Penal Code was made out. As regards the shortage of goods worth Rs. 1,550 -86 p. there is not much to be said on behalf of the prosecution since the entire evidence placed before the Court is that goods to that extent were not there in the stock when physical verification was done. Now such shortage can be due to several reasons and it would not be correct to say that every time goods are found to be short a case of criminal breach of trust would stand made out. It is well settled that the prosecution has to go a step further and establish that the accused had dishonest intention and that he mis -appropriated those goods. It is a matter of common knowledge that shortages do take place in Stores every now and then without giving rise to any criminal liability.