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2024 Supreme(Jhk) 361

ANUBHA RAWAT CHOUDHARY
Shushant Kumar Patnaik @ Susant Kumar Pattanaik – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anjani Kumar, Advocate
For the Opp. Party :Mr. Vishwanath Ray, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The judgment reaffirms the principles of criminal breach of trust, emphasizing that the prosecution must establish entrustment and the failure to account for property, as well as the knowing use of forged documents as genuine (!) (!) .
  • The case involved the misappropriation of funds from a cooperative store, with evidence showing the petitioner, who was in charge, did not deposit the collected cash and used forged bank counterfoils to misrepresent deposits (!) (!) (!) .
  • The trial court found that the petitioner had dominion over the funds and had defalcated approximately Rs. 13,79,514/-, leading to convictions under Sections 406 and 471 of the IPC, with sentences imposed accordingly (!) (!) (!) .
  • The appellate court upheld the conviction under Section 406 and modified the sentence under Section 471 from five years to four years of rigorous imprisonment, considering the seriousness of the offense and the disproportionate nature of the original sentence (!) (!) (!) .
  • The evidence, including bank statements, deposit slips, and witness testimonies, clearly demonstrated the petitioner’s involvement in the misappropriation and the dishonestly forged documents used during the course of his management (!) (!) (!) .
  • The court observed that the conviction under Section 471 was appropriate because the petitioner knowingly used forged documents as genuine, which is punishable accordingly, and the maximum prescribed punishment under the relevant section of the IPC is 07 years (!) (!) .
  • The court noted that the concurrent findings of the trial and appellate courts regarding the petitioner’s guilt are well-supported by the evidence, and there is no material irregularity or perversity justifying interference (!) (!) .
  • The court acknowledged the petitioner’s age and health condition but held that these factors do not warrant modification of the sentence, especially given the serious nature of the offense involving public money (!) (!) .
  • The revision petition was dismissed, and the appellate court’s judgment was upheld, confirming the sentences under Sections 406 and 471, and the order for compensation to the cooperative store (!) .

Please let me know if you need a more detailed analysis or specific legal advice.


JUDGMENT :

Anubha Rawat Choudhary, J.

1. This revision application is directed against the judgment dated 29.03.2019 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No. 17/2019 whereby the appellate court has partly allowed and partly dismissed the appeal filed by the petitioner and has also modified the sentence passed under Section 471 of the Indian Penal Code. The sentence under Section 471 of IPC was reduced to 04 years with fine of Rs. 5,000/- and sentence under Section 406 of IPC was not interference with and both the sentences were directed to run concurrently. The learned appellate court has acquitted the petitioner from the charges under Sections 467 and 468 of IPC.

2. The petitioner was charged for offence under Sections 406, 467, 468 and 471 of the Indian Penal Code on the basis of an FIR and faced Trial under the aforesaid sections being G.R. Case No. 454/2010 (T.R. No. 89/2019). The FIR was filed on 20.08.2010. The learned trial Court had convicted the petitioner for offence under Sections 406, 467, 468 and 471 of the Indian Penal C

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