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IN THE HIGH COURT OF JUDICATURE AT PATNA
SOURENDRA PANDEY
Asha Devi W/o Late Tuntun Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SOURENDRA PANDEY, J.
1. Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners through aforesaid applications prays for setting aside order dated 02.05.2009 passed by learned 1st Additional District and Sessions Judge, Munger in Cr. Appeal No. 67/2005 and order dated 13.12.2010 passed by learned Additional District and Sessions Judge 2nd Munger in Cr. Appeal No. 65/2005 whereby and whereunder the learned Appellate court has been pleased to dismiss the appeals filed by the petitioners/convict against the judgment/order dated 08.06.2005 passed by the learned Chief Judicial Magistrate, Munger in G.R. Case No. 49/2000/G.R.P. arising out of Jamalpur P.S. Case No. 15 of 2000, registered for the offences under Sections 409 /34 and 120B/34 of the INDIAN PENAL CODE , by which the learned court has been pleased to convict the petitioners under Sections 409 and 120(B) of the INDIAN PENAL CODE and sentenced to undergo rigorous imprisonment for 5 years and a fine of Rs. 3,000/- and in default of payment of fine to further undergo imprisonment for additional four months.
Facts
3. As per the prosecution story, Sri Mohan Kant Ghosal, Divisional Cashier, Ea
Prosecution must establish guilt beyond reasonable doubt; absence of direct evidence and reliance on circumstantial evidence proved insufficient for maintaining conviction.
The conviction for misappropriation under Sections 403 and 409 IPC was upheld, confirming that the accused breached trust as a public servant responsible for collecting and depositing substantial gov....
A conviction cannot be sustained on mere suspicion; evidence must establish guilt beyond reasonable doubt.
For convictions under corruption laws, prosecution must conclusively prove demand, acceptance, and recovery of bribe alongside establishing a clear conspiracy. Inconsistencies in testimonies undermin....
The court confirmed the conviction for misappropriation and corruption, establishing that the accused alone managed funds, while her confessions were voluntary and credible.
The duty of the trial court to put each material circumstance to the accused and the requirement to seek an explanation from the accused regarding incriminating circumstances.
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