Emperor v. Ganga Prasad

Aikman, J.:— The applicant, Ganga Prasad, was an employee in the record room of the Collector of Meerut. He was convicted by a Magistrate of the first class of an offence under section 409 of the Indian Penal Code (criminal breach of trust by a public servant) and sentenced to nine months' rigorous imprisonment, reduced on appeal to six months. In this application for revision it is contended by the learned counsel for the applicant that the facts found do not establish the offence of criminal breach of trust as defined in section 405 of the Penal Code. I cannot sustain this contention. I am of opinion that it is proved that the applicant being entrusted with a Government record disposed of a papar on that record in violation of an implied contract touching the discharge of his trust.

2. That ha did so honestly there can be no doubt. By his action the Government was deprived of money, it may be a small amount, which it would have received had return of the document been applied, for in the usual manner, and there can be little doubt that the applicant did gat soma gratification for handing the document over. I am therefore of opinion that no sufficient ground is made out for interfering with the conviction. The learned counsel addressed me on the question of sentence. Taking into account the fasts that the applicant will lose his appointment, that he has been already for a month in confinement and that the person to whom he handed the document is found by the learned Judge to have been entitled to get it back, I thick some effect may be given to the plea as to the punishment. I reduce the term of imprisonment to that already undergone and in addition I sentence the applicant to a fine of Rs. 25, or in default to two months' additional rigorous imprisonment. I allow the applicant ten days from the date on which this order is received by the District Magistrate within which to pay the fina. If the fine is not paid within the time allowed, the applicant must surrender or be arrested to undergo the term of imprisonment imposed in default of payment of fine.