The prosecution must prove entrustment and dishonest intent in offenses under sections 409 and 468 IPC, failure of which leads to acquittal.

JUDGMENT

S.G. Chattopadhyay, J. - This criminal revision petition is directed against the judgment and order dated 17.06.2016 passed by the Sessions Judge, Unakoti Judicial District, Kailashahar in Criminal Appeal No. 07(3) of 2015 affirming the judgment and order of conviction and sentence dated 20.07.2015 of the petitioner awarded by the Judicial Magistrate 1st Class, Kailashahar, Unakoti Judicial District in case No. GR 341 of 2010 whereunder the petitioner was convicted and sentenced to RI for 1 (one) year and a fine of Rs. 10,000/- with default stipulation for commission of offence punishable under section 409 IPC and she was further sentenced to RI for 1 (one) year and fine of Rs. 10,000/- with default stipulation for commission of offence punishable under section 468 IPC and it was ordered that both the sentences would run concurrently.

2. The genesis of the case is rooted in the FIR dated 04.09.2010 [Exbt. 10] lodged with the officer in charge of Kailashahar police station by the Block Development Officer of Gournagar R.D. Block against the petitioner alleging, inter alia, that 6 (six) cheques of different sum of money totalling to Rs. 15,599/- were issued to the petitioner who was an Upper Division Clerk in the Panchayat Samity office of Gournagar R.D. Block for withdrawal of the said sum from Kailashahar branch of Tripura Gramin Bank and disbursement among the beneficiaries. But the convict petitioner by fraudulent interpolation raised the figures in the said cheques and had withdrawn a sum of Rs. 1,17,299/-. She had thus withdrawn an excess amount of Rs. 1,01,700/- and misappropriated the excess amount drawn by her.

3. Kailashahar PS case No. 173 of 2010 under sections 409, 420 and 468 of the INDIAN PENAL CODE was registered against the petitioner and the case was taken up for investigation.

4. During investigation of the case, the investigating agency gathered incriminating materials including the statements of the witnesses, connected documents and expert opinion and came to the conclusion that the charges against the petitioner were prima facie established during investigation. The investigating officer, therefore, submitted charge sheet against her for commission of offence punishable under sections 409,420 and 468 IPC.

5. The jurisdictional Chief Judicial Magistrate by his order dated 10.05.2011 had taken cognizance of offence punishable under sections 409,420 and 468 IPC. The trial of the case commenced before the learned Chief Judicial Magistrate with the framing of the following charges:

'That, you during the period from 04-11-09 till 31-03-10 while posted as Upper Division Clerk-cum-Cashier of Gournagar RD Block, Kailashahar and in that capacity of a public servant being entrusted to encash 6 (six) Nos. of cheques have withdrawn Rs. 13,050/- against the cheque bearing No. 630821, dated 04-11-09 for Rs. 3050/-; Rs. 13,044/- against the cheque bearing No. 799113, dated 18-11-09 for Rs. 1344/-; Rs. 21,545/- against the cheque bearing No. 799169, dated 25-01-10 for Rs. 7360/-; Rs. 20,650/- against the cheque bearing No. 802486, dated 22-03-11 for Rs. 650/- and Rs. 31,650/- against the cheque bearing No. 802510, dated 31-03-10 for Rs. 1650/-, and thereby in total you have withdrawn an amount of Rs. 1,17,299/- instead of Rs. 15,599/- and thereby in total you have withdrawn an amount of Rs. 1,17,299/- instead of Rs. 15,599/- and you committed criminal breach of trust with respect to excess amount of Rs. 1,01,700/- and that you thereby committed an offence punishable under Section 409 of the INDIAN PENAL CODE and within the cognizance of this Court.

Secondly, that you during the same period and in the same capacity forged