STATE OF SIKKIM Vs. KUL CHANDRA BARAL

JUDGEMENT

(1.) This appeal at the instance of the State is directed against the appellate judgment dated 13-8-2003 passed by the Sessions Judge (Special Division-1) in Criminal Appeal No. 2/2002 acquitting the respondent of the charge under Section 409 IPC who was convicted and sentenced thereunder by the Chief Judicial Magistrate (E & N) in Criminal Case No. 177/2000.

(2.) Briefly stated the prosecution case is that at the material time, the respondent was an Assistant Sub-Inspector in-charge, Food Godown, Pakyong. In that capacity he was entrusted with and thus had full domain over the essential commodities like rice, sugar etc. stored in the godown. In course of physical verification of the stock huge discrepancies were noticed in the stock compared with the sale proceeds. Accordingly FIR was lodged against him and he was placed under suspension. During the period of suspension he deposited bank draft bearing No. 462612 dated 10-3-2000 for Rs. 2,10,000.00 with the department on 16-3- 2000, towards sale proceeds of rice and sugar. It was noticed that he committed criminal breach of trust of government money in terms of sale proceeds of rice amounting to Rs. 39,33,659.33 and sugar amounting to Rs. 54,161.26, the total amount being Rs. 39,87,820.59. Accordingly charge sheet was filed against him u/S. 409 IPC for having allegedly committed criminal breach of trust in respect of sale proceeds of rice and sugar amounting to Rs. 37,77,820.59. (deducting Rs. 2,10,000.00 deposited by him as mentioned above.)

(3.) The trial Judge on consideration of the evidence adduced on behalf of the prosecution recorded the following findings :