TARA CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The present appeal is preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure assailing the judgment of conviction dated 26.12.2011/28.12.2011, passed by the learned Special Judge, Kullu, H.P., whereby, the appellant has been convicted under Sec. 409 of the Indian Penal Code and Sec. 13(2) of the Prevention of Corruption Act and sentenced him for a period of five years and a fine of Rs.5,000.00 and in default of payment of fine to undergo six months imprisonment under Sec. 409 Penal Code and further he has been sentenced to imprisonment for a period of two years and a fine of Rs.2,000.00 and in default of payment of fine, he shall further undergo six months imprisonment under Sec. 13(2) of the Prevention of Corruption Act with a prayer to set aside the impugned judgment.

(2.) Briefly stating, as per prosecution story, facts giving rise to the present appeal, are that on 09.6.2008, an application (Ex.PW14/A) forwarded by the Assistant Engineer, HPSEB, Manali, through S.I. Pawan Kumar, which was received in the Police Station regarding pocketing of cash of consumers. It has been alleged that the accused was Junior Assistant in the office of the Assistant Engineer, Manali and he was entrusted the work of Cashier since June, 2007. It has been alleged that though the accused was receiving cash from consumers but the post entries were not made by him in the consumers cash received register and this way the consumer cash was fraudulently misappropriated by him for his own use. This misappropriation came to the notice of the Assistant Engineer when the consumers approached with bills showing amount of arrears and complained that the amount of bills was already paid. On receipt of complaint, FIR No.153/08 dated 9.6.2008, Ex.PW14/B was registered at Police Station, Manali, against the accused under Sec. 409 Penal Code and under Sec. 13(2) of the Prevention of Corruption Act. Thereafter, investigation was started.

(3.) It has been alleged that during investigation, the police recovered and took into possession CCR books Ex.PW5/B and Ex.PW6/B, computerised bills of consumers Ex.PW6/C1 to Ex.PW6/C32, applications of consumers and three seals alongwith detail of bills. It has been alleged that the register containing entry regarding deposit of Rs.19,050.00 by accused and appointment/posting orders Ex.PW6/E to ExPW6/H of accused were also taken in possession. Statements of witness were recorded and accused was arrested on 23.8.2008. Thereafter, specimen handwriting and signatures of accused were also obtained and sent for comparison to FSL, Junga. On investigation, it was found that while posted as Cashier, the accused misused his position as public servant and embezzled an amount of Rs.2,11,000.00 in the month of March, 2008 and out of fear of complaint deposited a sum of Rs.19,050.00 with the office. On receipt of report of FSL, Junga, Ex.PW18/A, challan was prepared and put in the Court below.