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T. AMARNATH GOUD
Khagendra Acharjee – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
T. Amarnath Goud, J. - This is an application under Section 401 read with Section 399 of the Cr.P.C., 1973 for setting aside the judgment dated 27.01.2020 passed in Criminal Appeal No. 03(1) of 2018 by the learned Sessions Judge, Gomati District, Udaipur, affirming the order of conviction and sentence dated 13.12.2017 passed by the learned Chief Judicial Magistrate, Gomati, Udaipur in case No. GR 347 of 2011 convicting the petitioner under Section 403 /409 of the IPC and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 5000/- in default to pay the said amount to suffer further rigorous imprisonment for one month for the commission of the offence punishable under Section 403 of the IPC and further sentenced him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000/- defaulting to suffer rigorous imprisonment for a period of two months for the commission of the offence punishable under Section 409 of the IPC with a direction to run both the sentence concurrently.
2. For the sake of brevity the parties are referred to as in the cause title of GR 347 of 2011. The brief fact of the prosecution case is that accused Sri
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....
The appellate court must respect the presumption of innocence and can only overturn acquittals if the trial court's findings are perverse or unsupported by reasonable conclusions.
Conviction for forgery and misappropriation requires clear proof of entrustment and intent to defraud, which was lacking, leading to acquittal.
The prosecution must prove entrustment and dishonest intent in offenses under sections 409 and 468 IPC, failure of which leads to acquittal.
Prosecution must establish guilt beyond reasonable doubt; absence of direct evidence and reliance on circumstantial evidence proved insufficient for maintaining conviction.
The Court upheld the conviction and sentence for criminal misappropriation under Section 408 of IPC, emphasizing the importance of entrustment and the duty of an employee to work with devotion when f....
The court emphasized that it would be unjust, unfair, and oppressive to allow the findings in the departmental proceedings to stand when the case against the petitioner could not be established in a ....
Public servants misappropriating funds and failing to remit them can be convicted under the PC Act and IPC. The absence of documentation does not exempt accountability for the misappropriation.
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