LAWS(PVC)-1935-10-177

SHAPURJI SORABJI Vs. EMPEROR

Decided On October 18, 1935
SHAPURJI SORABJI Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) The appellants have been convicted by the Sessions Judge of Aden of offences under Secs.409, 403, 420, 467, and 471 Penal, Code. Both of them were employees of the Aden Settlement Executive Committee, No. 1 Snapurji Sorabji being the Head Accountant and No. 2, Jacob David, the accounts clerk. One of the functions of this body is to supply water to the public on payment. This is done for the most pare by the sale of water tickets issued in books of 16 for Rs. 9 per book. The price was formerly Rs. 12. Accused Nos. 1 and 2 were responsible for the sale of these books and for paying the money received into the bank. No. 1 had the books in his charge and issued them as required. No. 2 usually sold them except on Saturdays when No. 1 himself did so. No. 2 is a Jew and did not attend office on that day. From February 1, to June 1, 1934, No. 2 was on leave and the witness Saleh Saleh A. Khalifa did his work for him. Particulars of the books sold, including the serial number, the name of the purchsser and so on were entered in a register kept for the purpose and each ticket was impressed with the settlement stamp which accused No. 1 had in his charge. Towards the end of February 1935, the official of the Water and Drainage Department which is a department under the Executive Committee, discovered that water was being issued at the water stations in a quantity very largely in excess of what was accounted for by the sale of tickets entered in the sale register. It was also discovered that tickets not entered in this register were being presented at the water stations. On further investigation of the matter it was found that these unauthorized tickets to the number of 4,100 books had been printed at a Press called the Caxton Press at Steamer Point, whereas the authorized books of tickets were all printed at the material time at the Howard Press, Aden. The case for the prosecution stating it very briefly, is that both the accused caused these spurious books to be printed and misappropriated the proceeds thereby committing offences of breach of trust, cheating, forgery and using forged tickets as genuine. The Sessions Judge agreeing with two of the three assessors has convicted both the accused on all counts and sentenced them to various terms of imprisonment.

(2.) Learned Counsel who appears for accused No. 1 in this appeal has raised a number of preliminary objections to the legality of the charges and, as, after careful consideration we have come to the conclusion that these objections must be sustained and that the illegalities vitiate the whole trial, I propose to deal with that matter first of all. The charges against accused No. 1 are these: Firstly, that you between March 1, 1934, and the e February, 1935, being Head Accountant of the Aden Settlement, and as such, a public servant entrusted with dominion over money realized by the sale of Settlement water committed criminal breach of trust in respect of Rs. 23, 511-15-0 or a portion thereof realized from the sale of water tickets which to your knowledge were not genuine. Secondly, that during the period of May 1933, to February, 1935, you forged or caused to be forged 4,100 water ticket books or a portion thereof which books were of the nature of a valuable security or receipt empowering the delivery of water. Thirdly, that you between the above-mentioned dates fraudulently caused to be used as genuine water ticket books which you knew or had reason to believe were forgeries. Fourthly, that you between March 1 and the end of February, 1935, cheated the Aden Settlement by inducing the water authorities to part with water on the strength of water tickets which to your knowledge, were fradulent thereby committing offences punishable under Secs.409, 467, 471 and 420, Indian Penal Code.

(3.) The charges against accused No. 2 are in precisely the same terms except that, as he is not a public servant he is charged with breach of trust under Section 408 instead of under Section 409. The first objection which has been taken to these charges is that the offence of breach of trust cannot have been committed because there was no entrust ment to either of the accused either of the books alleged to have been forged or of the proceeds thereof. This objection we consider to be sound but it is not very material. What these accused are alleged to have done in effect was to sell the water belonging to the Aden Settlement Committee and misappropriate the proceeds. The money which they obtained by the sale of these spurious books was undoubtedly the property of the Committee, and although the charge of breach of trust could not be sustained, the accused might be convicted of misappropriation which might be regarded as a minor offence included in the charge of breach of trust.