6 months ago
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A tribunal successful Gautam Buddh Nagar has sentenced a retired Sub-postmaster to 3 years successful jailhouse for cheating and transgression breach of spot by a nationalist servant successful transportation with a wealth bid fraud committed 32 years ago.
The tribunal besides imposed a good of ₹10,000 connected the convict, with a default clause of 1 year's further imprisonment.
The bid was passed connected October 31 by Additional Chief Judicial Magistrate (ACJM-I) Mayank Tripathi, who held Mahendra Kumar, a nonmigratory of Hapur's Pilkhuwa area, blameworthy nether Sections 409 (criminal breach of spot by a nationalist servant) and 420 (cheating) of the erstwhile Indian Penal Code.
The tribunal cited the Supreme Court's 1988 judgement successful Ram Shankar Patnaik vs State of Orissa, observing that refunding the defalcated magnitude does not erase the offence.
"Once the offence of transgression breach of spot is recovered arsenic a fact, the instrumentality of the sum defalcated oregon the spot entrusted does not hitch the offence. If the delinquent refunds the wealth defaulted, the tribunal whitethorn trim the sentence," the bid stated.
According to the prosecution, the lawsuit dates backmost to October 12, 1993, erstwhile 1 Arun Mistry, a nonmigratory of Sector 15, Noida, sent a wealth bid of ₹1,500 to his father, Madan Mahato, successful Samastipur, Bihar. At that time, Mahendra Kumar was posted arsenic Sub-postmaster astatine a station bureau successful Sector 19, Noida.
It was alleged that Kumar accepted the magnitude of ₹1,500 on with a ₹75 committee but failed to deposit it successful the authorities account. Instead, helium issued a forged receipt to Mistry. When the recipient did not person the money, Mistry lodged a ailment with Post Office Superintendent Suresh Chandra connected January 3, 1994.
An interior enquiry revealed that the ₹1,575 had not been deposited into the government's relationship and that the receipt was fake. Following this, Superintendent Suresh Chandra filed a constabulary ailment against Kumar astatine the section Sector 20 Police Station. During the departmental investigation, Kumar admitted to the wrongdoing and deposited the embezzled magnitude connected February 8, 1994, stating successful penning that helium would instrumentality immoderate specified magnitude if akin cases arose successful the future.
In its judgment, the tribunal said the prosecution had proved the charges beyond tenable doubt. "A authorities servant is expected to enactment with the highest honesty and integrity. Such crimes not lone weaken the authorities strategy but besides undermine nationalist confidence," the tribunal observed portion pronouncing the sentence.
