STATE Vs. VISHNUDUTT

JUDGEMENT

(1.) THIS is an appeal by the State against an order of the acquittal of the respondent in a case under sec. 409 of the Indian Penal Code.

(2.) A preliminary objection has been taken on behalf of the respondent regarding the maintainability of the appeal on the ground that it was presented by the Deputy Government Advocate who is not a Public Prosecutor. It is urged that as provided in sec. 417 (1) of the Code of Criminal Procedure, State Government can direct the Public Prosecutor to present an appeal to the High Court form an order of acquittal passed by any court other than a High Court.

(3.) RS. 4/-/6.- Chitar (P. W. 2) has stated that he had paid this amount to the respondent for land revenue due from him. He also stated that the patels were not present when this amount was paid to the respondent. He has further stated that land revenue was not being realised by the patels in Smt. 2012. Receipt Ex. P-l written and signed by the respondent has also been produced on behalf of the prosecution in respect of the aforesaid amount. Shri Khairatiram (P. W. 10) has stated that Ex P-l is in the handwriting of the respondent. Thus from the above evidence it is satisfactorily proved that the respondent realised RS. 4/-/6 from Chitar on 20th October, 1956 and failed to deposit this amount in the treasury. The trial magistrate also that this was realised by the respondent. Since the respondent failed to give any account for this sum it can safely be inferred that he had committed criminal breach of trust in respect of this amount.