V. SRINIVAS
Chikati Abraham Linkan – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Assailing the judgment dated 24.09.2009 in Crl. A. No. 332 of 2008 on the file of the Court of learned Sessions Judge at Guntur, confirming the conviction and sentence passed against the petitioner/accused by the judgment dated 14.10.2008 in C.C. No. 227 of 2003 on the file of the Court of learned Judicial Magistrate of First Class at Vinukonda, for the offences under section 409 and 420 of Indian Penal Code (hereinafter referred to as “IPC”) the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 09.10.2009 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 2346 of 2009.
3. The shorn of prosecution case is that:
(ii) Typist of Agricultural
A person cannot be charged with both cheating and criminal breach of trust for the same transaction; the prosecution must prove the specific elements of each offence beyond reasonable doubt.
The prosecution must prove entrustment and dishonest intent in offenses under sections 409 and 468 IPC, failure of which leads to acquittal.
The court reiterated that charges under Sections 406 and 420 IPC cannot coexist for the same transaction and emphasized cautious exercise of powers to quash proceedings, only to prevent abuse of proc....
(1) Revisional court can interfere with findings of fact of lower court when they are perverse and not merely when another view is also possible.(2) Deciding an appeal without appreciating evidence i....
The Court upheld the conviction and sentence for criminal misappropriation under Section 408 of IPC, emphasizing the importance of entrustment and the duty of an employee to work with devotion when f....
The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and findings in criminal cases should be based on substantial evidence.
The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.
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