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1962 Supreme(SC) 308

N.RAJAGOPALA AYYANGAR, J.R.MUDHOLKAR, SYED JAFAR IMAM
Radha Kishan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
B.C.MISHRA, C.P.LAL, G.C.MATHUR, P.K.CHAKRAVARTI

Judgment

MUDHOLKAR J. : These three appeals arise out of three separate trials before the Additional Sessions Judge, Bulandshahr, but were argued together as they raise identical questions. In all these trials the appellant, who was a postman attached to the Bulandsahr post office was tried for offences under S. 52 of the Indian Post Office Act 1898 (Act IV of 1898) and in two of them, also for offences under Ss. 467 and 471,1. P. C. Briefly stated the allegations against the appellant were that he either stole or secreted five registered letters and that he fabricated three receipts showing that the registered letters were received by the addressees. The learned Additional Sessions Judge acquitted the appellant of all these offences. The State then preferred an appeal against his acquittal in these three cases to the High Court of Allahabad but restricted the appeal to the acquittal of the appellant in respect of offences under S. 52 of the Indian Post Office Act, 1898 (hereafter referred to as the Act). The High Court held that the appellant had secreted the five registered letters in question and on this finding set aside his acquittal and convicted him in each of the three appea




























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