STATE OF HIMACHAL PRADESH Vs. SUKHVINDER SINGH CHEEMA

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 20th December, 2003, delivered by the learned Additional Chief Judicial Magistrate, Amb, District Una, H.P. in case No. 37/II of 2002, whereby he acquitted the accused of having committed an offence punishable under Section 409 of the Indian Penal Code.

(2.) THE prosecution story, in brief, is that in the year 1985, the accused was working as Block Development Officer, Amb. PW3, A.N. Sharma, Additional District Magistrate, Una, visited the office of the Block Development Officer and physically verified the cash books and the cash in hand. According to the prosecution, as per the cash book, there was cash balance of Rs. 5,64,784.74/, but the actual amount found in the chest was only Rs. 22,384/. So, there was shortage of Rs. 5,42,300.74/. When the accused was asked to explain this discrepancy, he could not give any satisfactory reply, but sought for threefour days to reconcile the discrepancies. Thereafter, on 12th August, 1985, again cash books and cash were physically verified and this time, the shortage was of Rs. 5,24,710.66/. Basically, on these facts, it was alleged that the accused had embezzled this amount.

(3.) THE learned trial Court, after going through the entire evidence, came to the conclusion that the prosecution has failed to prove entrustment of the property itself.