STATE OF HIMACHAL PRADESH Vs. RAM RATTAN

JUDGEMENT

(1.) Assailing the judgment dated 28.3.2005, passed by the learned Judicial Magistrate, Kandaghat, in Criminal Case No.219/2 of 1995, titled as State of Himachal Pradesh versus Ram Rattan, whereby respondent-accused Ram Rattan (hereinafter referred to as the accused) stands acquitted, the State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) On the basis of complaint (Ex. PW-10/A) lodged by the Secretary of Dr. Y.S. Parmar University of Horticulture and Forestry Employees Cooperative Credit-cum-Consumer society Ltd. (hereinafter referred to as the society), FIR No.155/94, dated 26.8.1994, under the provisions of Section 408 of the Indian Penal Code, was registered at Police Station, Solan.

(3.) It is the case of the prosecution that the accused was engaged as a Salesman by the society in the year 1990. He was entrusted with the stocks of the society, i.e. edible items and other consumable goods, to be distributed under the Public Distribution System Scheme. Periodically, the stocks were checked and it was found that there was deficiency. Accused admitted to have embezzled the same, but however, agreed to make good the deficiency. In 1993, when the new committee of the society took over, it was found that in all, accused had embezzled stocks worth Rs. 20,000/-. After the registration of the FIR, matter was investigated by the police. With the completion of investigation, challan was presented in the Court for trial against the accused.