SHAHADAT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revision petition is directed against the judgment of the learned Sessions Judge, Jalore dated 18.01.1997 whereby the judgment of the trial court dated 23.01.1995 has been upheld and the petitioner has been convicted under Section 409 IPC and sentenced to nine months rigorous imprisonment and a fine of Rs. 200/- and in default in payment of fine to further undergo simple imprisonment of one month.

(2.) The learned counsel for the petitioner has submitted that he does not challenge the conviction of the petitioner and that sentence may be reduced to the period already undergone by him which is nine days. He has further submitted that the petitioner is over 70 years of age and the alleged incident of embezzlement has taken place in the year 1977 and the case was registered only in the year 1986. The petitioner was posted LDC and assigned the charge of cashier in the Panchayat Samiti. He had deposited the amount of Rs. 9107/- within a period of 21/2 months in the year 1977 itself. The case was infact registered after audit objection was raised in this regard. He has also referred to a statement of the petitioner under Section 313 of the Cr.P.C. wherein the petitioner has stated that the amount which was withdrawn by him on 20.07.1977 was deposited on 3.10.1977, as he was on leave for sometime and, thereafter, the BDO had been transferred. Hence, he could not deposit the amount during that period.

(3.) Per contra, the learned Public Prosecutor states that as the petitioner has been convicted for embezzlement, no case is made out for reducing the sentence awarded by the courts below.