STATE OF HIMACHAL PRADESH Vs. ALI MOHAMMAD

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Una, dated 22.1.2003, vide which he acquitted the respondent of the conviction imposed upon the respondent by the learned trial Court under Section 409 IPC.

(2.) BRIEFLY stated, the facts of the case are that the respondent was posted as Sub Post Master, Post Office, Gagret at the relevant time. On 4.11.1994 at about 9.00 a.m., the respondent sent a telephonic message to PW -7 Y.S. Rathour, Inspector of Post Offices, Amb to the effect that a sum of Rs.1,84,615/ - had been stolen from the Post Office. The amount was stated to be lying in the cash chest kept at the Post Office. The cash was allegedly kept by Cashier Manohar Lal on 2.11.1994 and since he proceeded on leave, he gave his own key as well as the other key to the respondent. On this information, PW -7 Y.S. Rathour proceeded to the Post Office and informed the Senior Superintendent, Post Offices, Hamirpur. The respondent is stated to have informed that theft of cash has taken place and the police was also informed. PW -7 Y.S. Rathour found that the lock of the outer gate of the Post Office was intact. However, both the locks of the safe were missing and the money was, therefore, found missing. The lock of the inside room of the Post office was also found to be open. However, PW -7 Y.S. Rathour noticed that there were no dents or damage caused on the safe of the Post Office from where the cash was missing. Meanwhile, the police also reached there.

(3.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant -State and Mr.N.K. Thakur, Advocate, for the respondent, and have gone through the record of the case.