STATE OF HIMACHAL PRADESH Vs. RITU RAJ

JUDGEMENT

(1.) ORDER of acquittal recorded by the Sub Divisional Judicial Magistrate Kandhaghat, District Solan, in Crl. Case No. 134/2 of 83, on September 30, 1985, in favour of the respondent for the commission of an offence under Section 209 of the Indian Penal Code, is under challenge by State of Himachal Pradesh through this appeal.

(2.) THE prosecution case in nutshell is that Himachal Pradesh Civil Supplies Corporation had opened its retail shop at Chail on 10.11.1981 where the accused was posted as a salesman on 8.12.1981. Annual Physical Verification of various retail shops including the aforesaid shop at Chail was fixed by the Managing Director, Himachal Pradesh Civil Supplies Corporation, Shimla, in March 1983. Shri V.K. Garg PW 4, Accountant in the office of the Area Manager, H.P. State Civil Supplies Corporation, Solan, was deputed to conduct the annual physical verification of this retail shop also. On conducting the physical verification of the shop under the charge of the respondent on March 30 and 31 of 1983, for the period of 1.4.1982 to 31.2.1983, he found heavy shortages of various commodities valuing at Rs. 41,00.05 which he detailed in his report Ex. PW 4/B. The accused was apprised of the above said shortages towards the liquiditation of which he deposited on amount of Rs. 10,227.30 on different occasions during the period April 1982 to July 1983. The balance of Rs. 30,872.75 remained unpaid and as such the Area Manager, Solan, lodged the instant complaint of misappropriation to the District Superintendent of Police, Solan, on 19.7.1983, for the registration of a criminal case against the respondent.

(3.) THE court below acquitted the respondent by holding that delay in lodging the FIR proved to be a fatal to the prosecution case and secondly though entrustment of various commodities covering period from 1.4.1982 to 31.3.1983 stood established by the prosecution but mens rea to misappropriate the same was altogether missing in the instant case.