OMENDRA DUTT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment and order dtd. 11/10/1985 passed by the learned Special Judge, C.B.I., Rajasthan, Jaipur in Criminal Case No. 16/82, whereby appellant was convicted and sentenced for the offence(s) punishable under Ss. 409, 477 IPC and Ss. 5 (1) (C) read with Sec. 5 (2) of Prevention of Corruption Act, 1947 as under:

(2.) Facts of the case are that the accused appellant was posted as Sub post Master in Sub Post Office Bada Pradampura from June 1979 to December 1981. The case of the prosecution is that during this period the appellant committed embezzlement of Rs.12358.60 as number of persons gave the amount to him for depositing the same in R.D. and saving accounts on various occasions but the appellant neither deposited the same nor made entry in the relevant books of the post office and committed criminal breach of trust. On that basis, Case Nos.16/82, 17/82 and 18/82 were registered against him. Vide order dtd. 26/9/1984, the case Nos.16/82, 17/82 and 18/82 were clubbed together. After completing the investigation, charge- sheet was filed against the appellant for the offence under Ss. 409, 477 IPC and Ss. 5 (1) (C) read with Sec. 5 (2) of Prevention of Corruption Act, 1947.

(3.) After hearing the arguments, charges were framed against the appellant- Omendra Dutt Sharma for the offence under Ss. 409, 477 IPC and Ss. 5 (1) (C) read with Sec. 5 (2) of Prevention of Corruption Act, 1947.