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High Court Of Calcutta
Before Amit Talukdar, Dipankar Datta, JJ.
HIMANGSHU DAS SHARMA - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Criminal Appeal 313 Of 2002
Decided On : 09/25/2006
CRIMINAL BREACH OF TRUST - SUB-POST MASTER - DEFALCATION OF DEPOSIT - SENTENCE - REDUCTION - EXTENUATING CIRCUMSTANCES - FUTURE OF HELPLESS TEEN-AGED DAUGHTERS - INTEREST OF JUSTICE.
Fact of the Case:
The Appellant, a Sub-Post Master, defalcated a deposit made by the Complainant in her Postal Savings Account, leading to his conviction for criminal breach of trust under Section 409 of the Indian Penal Code.
Finding of the Court:
The Court found that the Prosecution had proved the entrustment of the amount deposited by the Complainant and that the Appellant had not credited it to the Government Treasury, thereby committing a breach of trust.
Issues: 1. Whether the Prosecution had proved the entrustment of the amount and the Appellant's criminal misappropriation? 2. Whether the sentence awarded by the Trial Court was appropriate?
Ratio Decidendi: 1. The Court held that the Prosecution had successfully established the entrustment of the amount and the Appellant's misappropriation, fulfilling the elements of Section 409 of the Indian Penal Code. 2. Considering the Appellant's extenuating circumstances, including the loss of his wife, two teen-aged motherless daughters, and the loss of vision in one eye during his incarceration, the Court reduced his sentence to the period already undergone.
Final Decision: The Court upheld the Appellant's conviction but reduced his sentence to the period already undergone. The fine was increased to Rs. 7,000/- to be credited to the Government Treasury. The Appellant's Bail Bond was discharged upon payment of the fine.
( 1 ) WHEN avarice claimed the Appellant (in his capacity as a sub-Post Master), little did he realise that it would cost him his career, his happiness and all he had for himself.
( 2 ) SUCH is the tale, which has been told in the Prosecution Case where a Sub-Post Master (the Appellant) of a District Town leading an otherwise peaceful life with his soul mate and two siblings, when greed overpowered him and he defalcated the deposit which was made by the Complainant (P. W. 7)in her Postal Savings Account, maintained in the Post Office he was posted at.
( 3 ) LIFE took a different course since then which not only resulted in the Appellant assailing his conviction awarded by the learned First Special court; it not only denuded him from the pride of a Public Servant but also robbed the tranquility and peace of a home consisting of two girl children and his wife, who, of course, did not live to see the end result of the Trial.
( 4 ) WE are now asked to reapprise his fate, suffered before the learned first Special Court.
( 5 ) PURSUANT to a Charge-sheet submitted by the Investigating Officer, p. W. 9, Amar Roy Chowdhury the Appellant hereinabove was arrayed in Special case No. 3 of 1997 before the learned First Additional Special Court, Burdwan to answer the following Charge :
"that you on or about the 26th day of March, 1997 at Ichlabad Post office, PS. and Dist. Burdwan, being a public servant in the employment as Sub-Post Master of the said Post Office and in such capacity entrusted with Rs. 7,000/- which being deposed by one Smt. Rekha Chakraborty w/o Jadav Chakraborty of 3, Ichlabad, P. S. and Dist. Burdwan for crediting the same in her saving Bank Account No. 756591 of the said post Office, and that you by not entering the same in the ledger nor in the Pass Book misappropriated said govt. sum of Rs. 7,000/- and thereby committed an offence punishable under Section 409,1. P. C. . . . . . . . . . . . . . . . . "
( 6 ) SINCE the Appellant pleaded not guilty to the same he was placed on Trial and in order to prove its case the Prosecution examined as many as nine witnesses.
( 7 ) P. W. 1, Bijoy Krishna Biswas was the Senior Superintendent of post Offices of Burdwan Division. He lodged the Written Complaint (Ext. 1), which was treated as the formal FIR (Ext. 11) by P. W. 7, Angad Kumar Singha, attached to Burdwan Police Station, against the Appellant, who was working as a Sub-Post Master at Ichlabad Post Office, Burdwan. He received the information from the Sub-Post Master of the said Post Office that there was some discrepancy in. making deposit of money in the Pass Book and he also received a complaint from P. W. 6, Rekha Chakraborty and enquired into the matter and found there was no credit of Rs. 7. 000/- in her Pass Book which was deposited on 26. 3. 94, although it was accepted by the Sub-Post Master against his dated signature in the pay-in-slip (Ext. 8 ). P. W. 1 accorded sanction (Ext. 2) for Prosecution.
( 8 ) P. W. 2, Ranjit Haider was the Inspector of Post Offices, Burdwan. Ichlabad Sub-Post Office was within his jurisdiction. In the official course of his business he used to inspect the said Sub-Post Office and in the year 1995 annual Inspection at Ichlabad Sub-Post Office was held by him. The Appellant was the Post Master of the said Sub-Post Office. In course of his inspection he found some irregularities in discharging of the official duties by the Appellant. As such, he submitted a Report (Ext. 3) to the Superintendent of Post Office, burdwan. P. W. 3, Narottam Kumar Saha, Assistant Treasurer of the Head Post office, Burdwan, at the relevant time on 08. 4. 96 was posted at Ichlabad Sub-Post Office and prior to that he was posted at the Head Post Office, Burdwan. He took over the Charge of the said Sub-Post Office in place of the Appellant, who was the Post Master of the said Sub-Post Office, which was a ' single post Office'. P. W. 3 further deposed that the Appellant himself performed the work o
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