Law: Penal Code (XLV of 1860)

Section: 420

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

Law: Evidence Act (I of 1872)

Section: 45

(a) Penal Code (XLV of 1860) S. 420 and Prevention of Corruption Act (II of 1947), S. 5(2)-Accused a Savings Bank Account Clerk alleged to have attested forged withdrawal memos. of savings bank account of an account holder and to have presented same to Deputy Postmaster who permitted withdrawal No withdrawal could however , under Rules be permitted without producing Pass Book at time of withdrawal but no Pass Book produced at that, time-Duty cast upon Deputy Postmaster to turn down withdrawals in case memos attested by Savings Bank Account Clerk in violation of Rules-Sole responsibility in circumstances, held, cannot be thrown upon accused and Court not bound to hold roving inquiry to, determine persons involved in crime-Prosecution, held, failed to prove case beyond reasonable doubt against accused Rules for the Guidance of Depositors in Post Office Saving Banks, r. 25. (b) Evidence Act (I of 1872) S. 45-Expert opinion-Opinion of Handwriting Expert-Cannot be a final word on subject.   JUDGMENT The appellant was working as Savings Bank Clerk at Talagang Sub-Post Office in the year 1956. He was tried by Special Judge (Central) of charges under, sections 409, 420 and 468, P. P. C. read with section 5(2) of the revention of Corruption Act. He was convicted under section 420, P. P. C. and under section 5(2) of the Prevention of Corruption Act and sentenced to one year's R. I. on each count. In addition he was also fined Rs. 6,000 or in default of its payment to undergo R. I. for 1 years under section 420, P. P. C. The substantive sentences were ordered to run concurrently. 2. Briefly the prosecution story is that one Mian Mohammad (P. W. 12) had his Savings Bank Account No. 67133 with the Sub-Post Office. He was issued a Pass Book (Exh. P: A). The account was opened by him on 5th August 1953. He operated upon, the account up to 1955 arid thereafter left for Kuwait leaving his Pass Book with his wife. He did not visit, the country in 1956. The allegation against the-appellant is that he knew the absence of Mian Mohammad from the country and withdrew from his saving bank account a sum of Rs. 2,000 on 11th February 1956 under a forged withdrawal application…