IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 330 of 2001 Manmatha Sarkar -Vs-

The State of West Bengal For the Appellant : Ms. Jharna Biswas (Amicus Curiae)

For the State : Mr. Binay Panda Mr. Subham Bhakat Mr. Pratick Bose Heard on : 09.10.2023, 17.01.2024, 09.02.2024, 08.04.2024, 11.07.2024 Judgment on : 24.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against the judgment and order dated

31.05.2001 passed by the Learned Judge, Special Court, Jalpaiguri and Learned Additional Sessions Judge, 2nd Court, Jalpaiguri in Special Case No.4 of 1987 arising out of Banarhat P.S. Case No.2 dated 06.12.1981 convicting the appellant for commission of offence punishable under Section 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.1000/- in default to suffer rigorous imprisonment for 2 months.

2. The prosecution case precisely stated that the appellant was employed as a Post-master, Red Bank Post-Office under Banarhat P.S., Jalpaiguri.

One M.P. Baraily, Sub-Divisional Inspector of Post-offices on 04.12.81 and 05.12.81 held an annual inspection of the said Red Bank Post- offices. During inspection he examined Pass Books of S.B. Account No.98597 of Jhira Uraon, S.B. Account No.98371 of Benjamin Toppa, S.B. Account No.98135 of Michael Khalko, S.B. Account No.98336 of Lehara Baraik, S.B. Account No.98048 of Smt. Durga Baraik, S.B. Account No.98267 of Soleman Lakra, S.B. Account No.98274 of Smt. Kabitri Muchi, S.B. Account No.98749 of Reselis Tina Kujur, S.B. Account No.98740 of Fuja Uraon and S.B. Account No.98748 of Santosh Mudra. He also examined and verified the above S.B. Accounts with reference to S.B. Journals, Branch Office daily accounts, Post-office Savings Bank Journals, Account Books etc., and found a number of discrepancies in the S.B. Account Books. He detected that the amount received by the appellant in course of his official business was not entered in the account books maintained by him at Red Bank Post-office. It was alleged that the Post-master who was entrusted with documents/properties of the Department of Post did not account for in the books of accounts and therefore misappropriated the public money amounting to Rs.8070/-. It was alleged that the appellant was a public servant employed at Post-master, Red Bank Post-offices under the Control of S.S.P.O.s, Jalpaiguri. Further the appellant did not sign on number of books of accounts maintained in the said Red Bank Post-office at the material time and had forged documents and used the same as genuine for the purpose of cheating the holders of S.B. Pass Book Accounts.

3. On the basis of the aforesaid allegations, a written complaint lodged by the de-facto complainant before the officer-in-charge, Banarhat P.S. and on the basis of the written complaint with the Banarhat P.S. Case No.2 dated 06.12.81 under Sections 409/468 of the Indian Penal Code was initiated for investigation.

4. After completion of investigation, the Police submitted charge-sheet being charge-sheet no.27 dated 02.10.86 under Sections 409/468/471 of the Indian Penal Code against the appellant to which he pleaded not guilty and claimed to be tried.

5. In order to prove its case, the prosecution examined as many as 9 witnesses and exhibited certain documents.

6. The appellant had been alleged to have criminally misappropriated the deposits made by various persons.

7. In the instant case, Red Bank Post-office was discharging banking facilities by providing S.B. Account to customers and accepting deposits therefrom.

8. No seizure list was prepared by PW-4 as to when he seized the account books, daily account sheets, S.B. Journals and Pass Books in the instant case.

9. The prosecution had failed to establish the sanctity of the documents from the time the same were taken over by PW-4.

10. PW-1 did not state that he received the Pass Books and other rele