Smt. Chandralata Rai vs State Of Chhattisgarh

Ramesh Sinha, J

Since common issue is involved in both the revisions, they are being decided by this common order.

The applicants have filed this criminal revision against the judgment and order dated 31.10.2014 passed in Criminal Appeal Nos.15/2014 and 16/2014 by the learned Sessions Judge, Kabirdham (Kawardha), Chhattisgarh, affirming the conviction of the applicants under Section 409 of the IPC wherein they have been sentenced for rigorous imprisonment for 6-6 years (each) and fine of Rs.10,000/-, in default of payment of fine, additional simple imprisonment for two months arising out of judgment dated 27.03.2014 passed by the Chief Judicial Magistrate, Kawardha, in Criminal Case No.1558/2013.

The case of the prosecution in brief is that the applicant, namely Chandra Lata Rai (in CRR No.868/2014) was the Project Oicer, Women and Child Development Department, Kunda, District-Kabirdham at the relevant point of time and applicant, namely, Amar Surya was Assistant Grade II. The allegation against the applicant Chandra Lata Rai is that she authorize Amar Surya to withdraw Rs.35,40,000/- from SBI Bank, Kawardha and directed him to made demand draft of Rs.8,49,000/- in favour of Cooperative Society, Mohgaon and rest of the amount would be deposited in the account of Aanganbadi workers as arrears. But the applicant Amar Surya does not deposited the amount in the account of Aangabadi workers and misappropriated the amount. Later on during investigation, the applicant Chandralata Rai was also found to be involved in the said misappropriation of amount. On the basis of the above background, ofence was registered against the applicants.

Learned counsel for the applicant submits that the learned Court below failed to consider the material on record and thus, sentencing for six years rigorous imprisonment under Section 409 of IPC itself is bad in law. Learned counsel emphasized that sentence may be modiied suitably by enhancing the ine amount as the applicant, namely, Chandralata Rai has already undergone jail sentence 18 months 21 days during trial and she had deposited ine amount of Rs.21,000/-whereas applicant, Amar Surya has already undergone jail sentence about 2 years and three months and he has also deposited ine amount of Rs.10,000/-. Therefore, the sentence already undergone by them may be suice to meet the ends of justice by enhancing the ine amount.

Per contra, learned Panel Lawyer, appearing for the respondent/ State, would strongly support the impugned judgment and submit that there is no need to interfere with the sentence.

I have heard learned counsel for the parties, perused the judgments of the trial Court and records of the trial Court with utmost circumspection.

From perusal of the records, it transpires that the trial Court after considering the material available on record and evidence of the prosecution witnesses, has convicted and sentenced the applicants as mentioned above. I am of the view that the appellate Court has not committed any illegality or inirmity in airming the conviction of the applicants for ofence under Section 409 of the IPC.

Now considering the question of sentence with regard to both the applicants, as they are facing criminal trial since 2014 and thereafter more than 9 years has been elapsed, considering the age of the applicants at present and further considering that applicant, namely, Chandralata Rai that she has already undergone jail sentence about 18 months 21 days during trial and she has deposited ine amount of Rs.21,000/- whereas applicant, Amar Surya has already undergone jail sentence about 2 years and 3 months and he has also deposited ine amount of Rs.10,000/- and thereafter both the applicants were on bail during the trial, there would be no useful purpose to again send the applicants in jail as they have already sufered agony of criminal trial for so many years, that meets the ends of justice. So this Court inds it appropriate to reduce the sentence of Chandralata Rai (applicant in CRR No.868/2014) from rigorous imprisonment of 6 years under Section 409 of the IPC to the period already undergone by her i.e. 18 months and 21 days of jail sentence, however, in lieu of that she is further directed to deposit ine amount of Rs.15,000/-. This Court also inds it appropriate to reduce the sentence of Amar Surya (applicant in CRR No.932/2014) from rigorous imprisonment for 6 years under Section 409 of the IPC to the period already undergone by him i.e. 2 years and 3 months of jail sentence, however, in lieu of that he is further directed to deposit ine amount of Rs.5,000/-. Both the applicants shall deposit the said ine amount within two months from today before the trial Court concerned, failing which they shall undergo the sentence as has been ordered by the learned Sessions Judge, Kabirdham (Kawardha), Chhattisgarh. Ordered accordingly.

The criminal revisions are partly allowed to the extent indicated hereinabove.

Let a copy of this order and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance.