Judgment

BEG, J.: - This is an appeal on a certificate of fitness of the case for appeal to this Court granted by the Calcutta High Court under Article 134 (1)(C) of the Constitution of India.

2. The Respondent was tried by a Special Court constituted under the West Bengal Criminal Law Amendment (Special Courts) Act XXI of 1949 (hereinafter referred to as the Act ), which empowers the Special Court, set up under it, to try offences mentioned in the Schedule annexed to the Act. Item 2 of the Schedule is:

"An offence punishable under Section 409, Indian Penal Code if committed by a public servant or by a person dealing with property belonging to government as an agent of government in respect of property with which he is entrusted or over which he has domain in his capacity of a public servant or in the way of his business as such agent."

The proviso to Section 4(1) of the Act reads as follows:

"Provided that when trying any case, a Special Court may also try any offence other than an offence specified in the schedule, with which the accused may under the Code of Criminal Procedure, 1898, be charged at the same trial."

3. The Special Court framed the following charge against the respondent:

"That you, between 12th May, 1958 and 7th May, 1959 Hindustan Building Calcutta, being a Public Servant, to wit, Supdt of Pakistan Section (Pak Unit) of Hindusthan Co-operative Life Insurance Society Unit of L. I. C. of India, Calcutta, and in that capacity entrusted with or with dominion over the premiums of some Pakistan Policy holders, amounting to about Rs. 2,350.49 np., collected by you directly from these policyholders or their representatives viz., 6, 7, 8 and 15 and other, under receipts 6. (Exts. 3 series other than Ex. 3/5) issued by you on behalf of the said L. I. G. in respect of the Policies of those Policy-Holders, committed criminal breach of trust in respect of such premiums by making false adjustments of receipt of such amounts through the Bank in Pakistan in relevant books (Exts. 5, 8, and 9 series) and thereby committed an offence punishable under Section 409 of the Indian Penal Code, and within the jurisdiction of this Court."

No other charge was framed.

4. The Special Court recorded the following findings of fact on the strength of the admitted position that the respondent was serving as a Superintendent of the Pak Section of the Hindusthan Co-operative Life Insurance Society which was a unit of the Life Insurance Corporation in Calcutta during the period to which the charge relates, and of receipts given by the respondent himself for monies paid to him in Calcutta coupled with entries in the premium register folio in the handwriting of the respondent, falsely showing that the amounts realised by the respondent had not been paid by the policy holders so that their names appeared in the "Demand List".

5. The Special Court had formulated two points for determination as follows:

"(1) Whether the accused was the Superintendent of Pakistan Section (Pak Unit) of Hindusthan Co-operative Life Insurance Society between 12th May, 1958 and 7th of May, 1959?

(2) Whether he, being in any manner entrusted with dominion over property in the capacity of a public servant, committed criminal breach of trust in respect of that property?

On point No. 1, it held:

"It has been established by the evidence on record, beyond any shadow of doubt, that during the relevant period the accused was serving as Superintendent of Pakistan Section of Hindusthan Co-operative Life Insurance Society, a Unit of Life Insurance Corporation in Calcutta. This Unit was known as Pak-Unit".

On point No. 2, it held:

"The evidence on record, both oral and documentary, is overwhelming to show that the accused, as Superintendent of Pak Unit of Hindusthan Co-operative Insurance Society in Calcutta, directly realised premiums in cash from some Pakistani Policy Holders and misappropriated the amounts after making false entries in some of the relevant registers and account papers mainta