MATADIN MISHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Mata Din Mishra has been convicted by the learned Special Judge of Rajasthan, Jaipur City vide his order dated March 30, 1972, under section 409 I. P. C. and section 5 (1) (c) read with section 5 (2), Prevention of Corruption Act, 1947, and sentenced to simple imprisonment for one year and a fine of Rs. 500.00or in default of payment of fine further simple imprisonment for two months. He has also been convicted under section 477 - A of the Indian Penal Code and sentenced to simple imprisonment for one year. Both the sentences have been ordered to run concurrently.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned may be briefly stated. The appellant was employed at the material time with the Western Railway as Travelling Ticket Examiner at Ajmer. It was his duty to detect passengers travelling without ticket, realise Excess Fare Ticket (E. F. T) charges from them and deposit the amount so realised with the booking clerk of the Station where he happened to be at the close of the same day against receipt obtained in token of such deposit. The accusation which is the basis of the present prosecution is that during the period from Oct. 31, 1969 to Feb. 28, 1970, he had realised a total amount of Rs. 3,161.25 P by way of E. F. T. charges and instead of depositing the entire amount, he had deposited a sum of Rs. 1635.25P during the aforesaid period, thus embezzling the remaining amount of Rs. 1525.00. Moreover, he wilfully falsified the account with intent to conceal the embezzlement committed by him and thus defraud the Railway. The falsification of account consisted of fake deposits shown and false monthly returns submitted by him.

(3.) During the trial the prosecution examined as many as 31 witnesses in support of its case and placed reliance on 464 documents and registers.