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S. G. MEHARE
Asaram @ Ashok Pandharinath Kale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. By consent of the parties, the revision application is heard finally.
2. The accused takes exception to the judgment and order of conviction of the learned Chief Judicial Magistrate, Ahmednagar, in Regular Criminal Case No.153 of 1996, dated 19.08.1997, for the offence punishable under Section 409 of the Indian Penal Code (in short, “I.P.C.”) and confirmed by the learned Additional Sessions Judge, Ahmednagar, by its judgment and order dated 10.08.2004 in Appeal No.62 of 1997.
3. The accused was a Tenancy Awal Karkoon in the Tahsil Office, Newasa, in 1990-91. There was heavy rainfall in that area. Hence, the Government had declared compensation for the rain-affected people. The compensation was to be disbursed at the war level. Therefore, the Collector, Ahmednagar, assigned the duties to the Talathis, Aawal karkoons and other staff. The accused was one of them discharging his official duty and arranging to pay compensation to the affected persons.
4. The allegations against the accused describe that he was to direct the Accountant to pay the money to the respective Talathis and get the account from the Talathis about the compensation money paid and not disbursed to the ben
The main legal point established in the judgment is the requirement for a public servant accused of criminal breach of trust to prove the entrustment and discharge of the obligation, as well as the l....
The main legal point established in the judgment is that the act of misappropriation can be considered part of official duty, requiring prior sanction for prosecution under Section 197 of Cr.P.C.
Public servants must not misuse their position; misappropriation established through evidence confirms legal accountability under the Prevention of Corruption Act and IPC.
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
The court confirmed the conviction for misappropriation and corruption, establishing that the accused alone managed funds, while her confessions were voluntary and credible.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
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