IMPORTANT POINT
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 lack of requirement for prosecution sanction in such cases.

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 26.12.2012, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, vide which the appeal filed by the present petitioner (accused before the learned Trial Court) was partly dismissed and the judgment and order dated 14.05.2007, convicting the accused for the commission of an offence punishable under Section 409 of IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo simple imprisonment for about 3 months was upheld (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present revision are that the police filed a charge sheet against the accused before the learned Trial Court for the commission of offences punishable under Sections 409 and 420 of IPC. It was asserted that an amount of Rs.1,78,000/- was awarded by the Motor Accident Claims Tribunal (MACT) in M.A.C case No. 22 of 1996, decided on 12.01.1998, in favour of Jitwar Singh Negi, Domla Devi and Chander Kant. Respondent No.2, National Insurance Company deposited an amount of Rs.1,66,814/- with the Tribunal. Rs.25,000/-were ordered to be released to Dolma and Rs.8,363/- each was ordered to be released to Jitwar Singh Negi and Chander Kant. The remaining amount of Rs.1,25,000/- was ordered to be invested in Kisan Vikas Patras in the name of the petitioners. Accused Puran Raj was posted as a Daftari in MACT Rampur. He was temporarily discharging his duties as Naib Nazir on the date of the incident.

He withdrew Rs.1,25,000/- from the State Bank of India, Rampur on 22.5.1998. The learned Tribunal had asked the Postmaster, Rampur Bushahr to issue Kisan Vikas Patras in the sum of Rs.1,25,000/-. The accused being Naib Nazir was asked to get the Kisan Vikas Patras issued. The claimants applied for a refund of the amount of Rs.2,50,000/- on 22.12.2003. The Kisan Vikas Patras, could not be traced. The accused was asked to explain his position. He filed a reply asserting that he had handed over the amount of Rs.1,25,000/- to the concerned official in the Post Office for the issuance of the Kisan Vikas Patras. He had also directed the claimants to fill in the requisite form and nomination papers. The Kisan Vikas Patras could not be traced and it appeared that the accused had misappropriated the money.

3. Sh. Shamsher Singh (PW-17) was posted as District & Sessions Judge Kinnuar, Sessions Division at Rampur Bushahr. He made a written complaint (Ext. PW16/A) to Dy. S.P Rampur. F.I.R. (Ext.PW16/B) was registered at the Police Station.

4. ASI Bhupinder Pal (PW-16), conducted the investigation. He obtained an authority letter (Ext.PW5/B) and the photocopies of the register containing the details of the withdrawn amount (Ext.PW5/A and Ext.PW-4/A)from SBI, Rampur. He also obtained an authority letter (Ex. PW-1/4) issued in the name of the accused for preparing Kishan Vikas Patras in the name of Vidya Chand, Jyoti Prakash and Satish Kumar. He also obtained the photocopy of the record of preparing Kisan Vikas Patras(Ext.PW-9/1 to Ext.PW-9/14) and the appointment order (Ext.PW-3/C), Office Order (Ext.PW -3/E), an application (Ext. PW-3/F) for withdrawal of the amount filed by the claimants, a copy of the Peon Book and the record of the MACT pertaining to the case. He recorded the statements of the witnesses as per their version. After completion of the investigation, the challan was prepared and presented before the Court.

5. The learned Trial Court framed the charges against the accused for the commission of an offence punishable under Section 409 of IPC. The accused pleaded not guilty and claimed to be tried.

6. The prosecution examined 17 witnesses to prove its case. Khem Chand (PW-1) was posted as Naib Nazir in the office of MACT and produced the record. N