Case Note & Summary
The applicant, Santu G. Nyaharkar, was employed as a clerk with the Maharashtra State Electricity Board at Nashik. He was convicted by the learned Chief Judicial Magistrate, Nashik, for an offence punishable under Section 408 of the Indian Penal Code (criminal breach of trust by clerk or servant) and sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.500/-. The conviction and sentence were confirmed in appeal by the Sessions Court. The applicant then filed a Criminal Revision Application No.168 of 1995 before the Bombay High Court. The facts of the case are that the applicant, while working as a clerk, collected a sum of Rs.1,000 from customers but failed to deposit the same with the Board, thereby misappropriating the amount. The prosecution examined witnesses including the complainant and other employees who proved that the applicant had received the money and that the amount was not credited. The defence argued that the applicant had not misappropriated the amount and that there was no criminal intent. The High Court, after hearing submissions, found that the evidence clearly established that the applicant received the money and did not deposit it, and therefore the conviction under Section 408 IPC was correct. However, considering that the revision application had been pending for about 10 years and the applicant had no criminal antecedents, the court reduced the sentence of imprisonment to the period already undergone (which was about 2 months) while maintaining the fine. The revision application was partly allowed to the extent of the modification of sentence.
Headnote
A) Criminal Law - Criminal Breach of Trust by Clerk or Servant - Section 408 Indian Penal Code, 1860 - Conviction upheld - Applicant, a clerk, misappropriated Rs.1,000 collected from customers - Evidence showed he received money and failed to deposit - Conviction confirmed by appellate court - Held that conviction is sustainable (Paras 2-4). B) Sentencing - Reduction of Sentence - Section 408 Indian Penal Code, 1860 - Long pendency of revision application (10 years) and applicant having no criminal antecedents - Sentence of one year S.I. reduced to period already undergone (about 2 months) - Fine maintained - Held that sentence can be reduced in the interest of justice (Paras 5-6).
Issue of Consideration
Whether the conviction of the applicant under Section 408 IPC is sustainable and whether the sentence of one year rigorous imprisonment and fine of Rs.500/- should be modified.
Final Decision
The Criminal Revision Application is partly allowed. The conviction of the applicant under Section 408 IPC is confirmed. However, the sentence of imprisonment is reduced to the period already undergone by the applicant. The fine of Rs.500/- is maintained.
Law Points
- Criminal breach of trust by clerk or servant
- Section 408 IPC
- sentencing discretion
- reduction of sentence
- period already undergone
