LILA DHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, who was formerly employed as a booking-clerk in the Himachal Pradesh Government Transport at Mandi, was tried by the learned Special Judge of Mandi of an offence under Section 5(2) of the Prevention of Corruption Act, 1947. The charge framed against the appellant was that between 26-4-1954 and 26-61954, he had misappropriated, or otherwise converted to his own use, 12 sums of money; totalling Rs. 3,355/9/9. The appellant pleaded not guilty, but adduced no defence. The learned trial Judge came to the conclusion that the offence was brought home to the appellant only in respect of five items; totalling Rs. 948/13/16, As regards the remaining items, the learned Judge was of the opinion that the prosecution had failed to prove its case. In the result, the appellant was sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 400/-; in default, four months' rigorous imprisonment. Hence, this appeal.

(2.) Arguments in the appeal were heard yesterday. For reasons to be stated shortly, I am of the opinion that the appellant was rightly convicted, although, in the matter of fine, I feel that some leniency might be shown to the appellant.

(3.) The prosecution case was that the appellant, in his capacity as booking-clerk at Mandi, received, on or after 26-4-1956, the sums, in question, from the drivers of various transport vehicles for deposit with the adda cashier. The appellant, however, failed to deposit the sums. It was only several days after he was placed under suspension, that the missing sums were handed over by him to the adda cashier.