STATE OF H.P. Vs. SITA RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 15.5.2002 passed by the learned Judicial Magistrate 1st Class, Court No. (2), Rohru whereby he acquitted the accused of having committed an offence punishable under Section 409 of the Indian Penal Code.

(2.) THE admitted facts are that the accused is a conductor employed with the Himachal Road Transport Corporation (HRTC). The system being followed by the Corporation is that tickets are issued to the conductors and noted down in a way -bill. The case of the prosecution is that various tickets of various denominations of different States and Union Territories i.e. Himachal Pradesh, Haryana and Chandigarh were issued to the accused. After return from the trip when the accused deposited the amount, on checking it was found that the amount was short by Rs. 7453/ -. On this basis F.I.R. was registered against the accused. The accused was charged with having committed an offence punishable under Section 409 IPC. The learned trial Court acquitted the accused mainly on the ground that entrustment of the tickets had not been established. The learned trial Court was of the view that the prosecution had failed to prove the entrustment of tickets of various denominations valuing Rs. 20,498/ -since the way -bills did not bear the signatures of the accused and only the photocopies had been produced on record.

(3.) THE learned trial Court also held that the original way -bills had not been produced but the first line of the cross -examination of this witness shows that a suggestion was put to this witness on behalf of the accused that he had made the statement on the basis of the original way -bills after seeing the original waybills which obviously means that the way -bills were there in Court. In fact, in his statement this witness has stated that he had brought the original record and the photocopies of the way -bills were compared with the original. Therefore, entrustment stood proved and there is no cross -examination worth the name with regard to the value of tickets. Therefore, entrustment stands proved and the shortage also stands proved beyond reasonable doubt.