The judgment establishes the liability of a public servant for criminal breach of trust under Section 409 of the Indian Penal Code and highlights the importance of proper supervision to prevent defalcation.

JUDGMENT

Shampa Dutt (Paul), J. - The appeal The appeal is against the judgment and order dated 12.02.1998 passed by the Ld. Additional Sessions Judge, 1st Special Court, Bankura convicting the appellant for commission of offence punishable under Section 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 500 in default to suffer rigorous imprisonment for 6 months more.

2. Prosecution case Amar Kumar Mandal, Sub-divisional Inspector, Postal, Bankura, North Sub-division, lodged a FIR with Officer-in-charge, Barjora Police Station on 06.08.1990 to the effect that on departmental inquiry the appellant while working as Extra Departmental Branch Postmaster of Dadhimukha E.D.B.O. (Extra Departmental Branch Office) accepted on 07.07.1989 being the amount of premium for the months of February, 1989 to June, 1989 including defaulting surcharge from the depositor of Dadhimukha 5 years R.D.A/c. No.10827. The appellant made entry of the deposit in the said R.D. Pass Book with date stamp impression and manuscript dates and also put his dated initial but did not credit the said amount to the account of the Post Office either on that date or on any subsequent date. On receipt of a complaint from the Sub-Postmaster, Beliatore Sub Office through Senior Superintendent of Post Offices, Bankura Division under his office letter no. L3/Misc-05/10/89-90 dated 16.10.1989, the complainant carried out a departmental inquiry and it transpired that the appellant formerly Extra Departmental Branch Postmaster of Dadhimukha E.D.B.O. accepted a sum of Rs. 947.52 on 12.02.1986 for crediting the amount in the S.B.A/c. No. 223351 in the name of Dadhimukha B.B.Vidyalaya P.F. (public account). The appellant entered the amount in the relevant Pass Book showing the balance after deposit as Rs. 25,548-46 duly authenticated by his initial and date stamp impression of the Post Office. The said amount accepted for deposit on 12.02.1986 was not credited to the Govt. A/c. on the date of acceptance of the money. The appellant credited the money to the Govt. A/c. on a very later date and accounted for the amount in the books of accounts of the office on 02.04.1986. Thus, the appellant did not credit the amount deposited in the Govt. A/c. on the actual date of transaction and failed to credit the same from 12.02.1986 to 06.11.1989. Further, on enquiry it transpired that the amounts shown as below in Dadhimukha S.B. Pass Book A/c. No. 223351 with date stamp impression and manuscript dates and dated initials of Sri Chattaraj (appellant) had not also been credited to the Govt. A/c.

3. However, it has been further stated by the complainant (PW 1) that on a later stage the appellant admitted his guilt and voluntarily credited the entire amount to the Govt. A/c. in two instalments on 19.10.1989 and on 06.11.1989 against the said defalcation.

4. On completion of investigation the police submitted chargesheet against the appellant for offence punishable under Section 409 IPC.

5. The defence case before the Trial Court is of innocence and being falsely implicated.

6. Charge was framed and the appellant pleaded not guilty and claim to be tried. In course of trial prosecution examined 11 witnesses and exhibited a number of documents marked exhibit 1 to 13.

7. On conclusion of trial, the Trial Judge by the judgment under appeal dated 12th February, 1998 convicted and sentenced the appellant as stated.

8. Defence The Ld. Lawyer for the appellant submitted that charge as framed against the appellant to the extent that he defalcated an amount of Rs. 5503.96 is by excluding the a