Law: Penal Code (XLV of 1860)

Section: 409

Penal Code (XGV of 1860), ---S. 409---Criminal breach of trust--- Necessary to place defence version tend its---supporting evidence and circumstances in juxtaposition to prosecution case for estimating extent to which charge may he held to have beer, proved --Defence version of false implication more appealing than prosecution version-Complainant and accused also on inimical terms---Possibility of subsequent tampering with original entry in Account Book to involve accused falsely also not executed-- Accused given benefit doubt and admitted in circumstances. Date of hearing: 10th November 1969..   JUDGMENT Appellant Rasool Bux son of Ghulam Hussain Bhatti, who at a material time's was posted as Tapedar incharge of Tape Shaikh Bhirko, has been convicted by the learned Special Judge-cum-Enquiry Officer, Hyderabad for an offence under, section 409, P. P. C. and sentenced to suffer R. 1. for 1' years and to pay a fine of Rs. 500.00 or in default to suffer R I, for six months more. 2. The prosecution case in brief was that complainant Ahmed Hussain had about 450 acres of land in taluka Matli, Tapo Shaikh Bhirko in the district of Hyderabad where the appellant was posted as a Tapedar. It is alleged that the appellant approached Ahmad Hussain for payment of land revenue of Rs. 500.00 (Rupees five hundred) outstanding against, him on which complainant Ahmed Hussain gave him a letter, Exh. 3, addressed to P. W. 2 Chooharmal requesting the latter to pay his amount to the appellant on his behalf. It is alleged that the appellant received this amount and signed a receipt in token thereof in the account books maintained by Chooharmal, vide Exh. 9, but instead of crediting the same towards his account he misappropriated the said amount. The matter was reported by Ahmed Hussain to the Anti-Corruption Inspector, Hyderabad; as a result of which an investigation ensued. The First Information Report relating to the offence was lodged on behalf of the State by Mr. M. S. Siddiqi, Circle Officer Anti-Corruption, Hyderabad on 29th May 1963. After the usual investigations were concluded the appellant was challaned and convicted as stated above. 3. The defence of the…