Rekha Mittal, J. - (1.) THE present petition has been directed against the judgment dated 27.09.2013 passed by the Additional Sessions Judge, Shaheed Bhagat Singh Nagar whereby the appeal preferred by Hari Parkash Sarpanch, petitioner against judgment of conviction and order of sentence passed by the learned trial Court in regard to conviction for offence punishable under Section 409 of the Indian Penal Code (in short 'IPC') was dismissed and the findings recorded by the learned trial Court are affirmed.
(2.) COUNSEL for the petitioner fairly concedes that he does not assail the findings of the courts below in regard to conviction of the petitioner, though, the alleged amount of embezzlement is to the tune of Rs. 45050/ - withdrawn by the petitioner as a Sarpanch of the Gram Panchayat on 28.06.2002 deposited within a period of 2 1/2 months i.e. on 09.09.2002. It is submitted that the petitioner deserves indulgence in regard quantum of sentence. Counsel for the petitioner contends that a resolution passed by the Gram Panchayat for undertaking some work for levelling the land, on 28.06.2002 was produced before the trial court. The amount in dispute was withdrawn by the petitioner in pursuance of the said resolution but due to some personal difficulty, the said job could not be undertaken and the amount remained in the custody of the petitioner for the aforesaid period. It is further submitted that keeping in view the custody period of the petitioner since dismissal of his appeal by the Additional Sessions Judge, along with the period of his harassment as the criminal proceedings remained pending for a period over 10 years, the substantive sentence awarded may be reduced to the period already undergone.
(3.) COUNSEL for the respondent -State of Punjab has not disputed factual assertions but opposed the prayer for reduction in sentence.;