- (1.) Inspite of notice, none has put in appearance on behalf of the respondent/accused. However, in view of the fact that leave to appeal in this case had been granted by a Coordinate Bench as early as on 12.12.1997, we opted to examine the record.
(2.) The Police of Police Station, Verowal launched prosecution under Section 409 IPC against the respondent/accused ( in case FIR No. 5 dated 4.1.1990 under Section 409 IPC registered at Police Station, Verowal) on a charge that he had committed embezzlement in respect of stock entrusted to him in his capacity as Sub Inspector of Khadur Sahib centre of PUNSUP. The respondent/accused held that posting as an employee of the Punjab State Civil Supplies Corporation and was clothed with the authority of public servant. The value of embezzled stock was quantified at Rs. 2,85,198.80 paise.
(3.) As apparent from the record, a domestic enquiry into this very charge had been held against the respondent/accused and the Enquiry Officer (vide report Ex. DX) dated 6.3.1990 "accepted the version of the respondent/accused that it was not possible to control living infrustation and Khapra in the godown which coupled with the facts that the stocks were not timely disposed of an remained in stores for long, led to the deterioration and ultimately shortage and that the reasons advanced by Maghar Singh in defence appeared to be genuine.";