CHANDER KISHORE Vs. STATE

JUDGEMENT

(1.) Heard the parties.

(2.) The accused applicant at the time of the alleged offence was a police-constable. He stands convicted under S. 409, Penal Code, and sentenced to undergo four month's rigorous imprisonment for having committed criminal breach of trust in respect of part of his kit valued at Rs. 19-8-0. It appears that he absconded and that after his absconding only part of his bit was recovered from the barracks. He was thereon prosecuted under S. 409 Penal Code, and after his conviction he was dismissed from service. From the perusal of the record of the trial Court it appears that the real offence of the accused, applicant, if at all, was his absconding and not for having committed criminal breach of trust in respect of part of his kit punishable under S. 409, Penal Code. He should have accordingly been dealt with only in respect of the offence punishable under S. 29 of the Police Act and not in respect of the offence punishable under S. 409, Penal Code. It is not the case of the prosecution that the accused-applicant absconded just because he wanted to utilize part of his kit while not in service. He might have been negligent in leaving part of his kit in the barracks but that would not make his act in doing so punishable under S. 409, Penal Code.

(3.) The application in revision accordingly is allowed the conviction and the sentence of the accused-applicant are set aside and he is acquitted: he is on bail, and his bail-bond is cancelled.