1976 (11) TMI 214

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....roposed to be held against him. Though he was directed to hand over charge of the post on account of his suspension, he failed to do so and hence under the orders of the Revenue Assistant, Gurgaon the lock of his room had to be broken open on 29th December, 1967 and the charge was taken by his successor Abdul Wahid and a list, Ex. PB was prepared setting out of the books, documents and papers which were found in the room and of which possession was taken by Abdul Wahid. Another list Ex. PF was also prepared at this time showing the books, documents and papers which according to the possession were missing from the room. This list Ex. PF mentioned inter alia one current receipt book one current roznamcha waqlati and current register of fee. ....

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....100/-. The appellant preferred an appeal to the Sessions Judge, Gurgaon but the learned Sessions Judge also took the same view as the learned Magistrate and rejected the appeal. The appellant then preferred a revision application to the High Court but the revision application also met with the same fate. Hence the present appeal by the appellant with special leave obtained from this Court. 2. The only question which arises for consideration in this appeal is whether the appellant could be said to have committed criminal breach of trust in respect of the receipt-book. There can be no doubt and that it is amply proved by the oral evidence on record read with the list Ex. PA that the receipt book was entrusted to the appellant in his capaci....