SONA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the petitioner Sona Ram has approached this Court being aggrieved by the judgment dated 3.11.1999 passed by the learned Sessions Judge, Jaisalmer in Appeal No. 33/1998 confirming the judgment dated 6.11.1998 passed by the learned Judicial Magistrate, Jaisalmer in Cr. Case No. 282/1998 convicting the petitioner for the offence under Sec. 409 I.P.C. and sentencing him to suffer two years' simple imprisonment and a fine of Rs. 3000.00, in default of payment of fine, to further undergo two months' simple imprisonment.

(2.) Shri S.G. Ojha, learned Counsel for the petitioner, at the outset, did not challenge the conviction of the petitioner, but urges that the disputed amount of Rs.8000.00, which the petitioner allegedly misappropriated, was re-deposited in the Post Office on 10.1.1986 i.e. well before the registration of the F.I.R. The petitioner was an employee of the Postal Department at the relevant point of time. Owing to the registration of the above case, his services have been terminated. He was just 21 years old at the time of the incident. Thus, he urges that looking to the huge interregnum between the date of the incident till now, the sentences awarded to the petitioner may be reduced to the period already undergone by him while taking a sympathetic view.

(3.) Learned Public Prosecutor vehemently opposes the submissions advanced by the learned Counsel for the petitioner. However, he too does not dispute the fact that the amount of Rs.8000.00 allegedly misappropriated by the petitioner, was re-deposited in the Post Office on 10.1.1986 i.e. well before the registration of the F.I.R.