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Court acquits accused after 25 years of trial
Misappropriation of school funds
8/22/2012 11:25:54 PM
early times report
Jammu, Aug 22 (JNF): Special Magistrate for CBI cases Jammu Jatinder Singh Jamwal has acquitted Harbans Lal Kamal then Head Clerk Kendriya Vidayala No.I, Udhampur who was facing investigation and trial from 1987 for misappropriation of school funds.
According to the CBI case that the accused while working as UDC/Cashier from July 27, 1982 to June 30, 1983 collected a sum of Rs.83,641.50/- from various class teachers as 'Pupil's-fund' by giving his initials/signatures in the relevant attendance register and taking their signatures/initials in the registers maintained by him. However, the accused neither correctly reflected the said amount of Rs.83,641.50/- in the cash book of Pupils-fund account from July 27, 1982 to June 30, 1987 nor did he deposit the full amount in the concerned bank, which is evident from the statement of account furnished by the concerned bank. According to the prosecution, out of a total of Rs.83,641.50/- collected as per the Daily Collection Register, the accused deposited only an amount of Rs.69,756.65/-in the bank account and thereby, committed the criminal breach of trust in respect of Rs.12,884.85/-. Thus, according to the prosecution, the accused is liable for commission of offence punishable u/sec 408 of RPC.
Special Magistrate for CBI cases Jammu observed that the nature of evidence that has come on record and the facts and circumstances of the case, Court has no hesitation in holding that the prosecution does not succeed in establishing the guilt of the accused beyond reasonable doubts and the benefit of doubt obviously has to go to the accused.
With these observations Court acquitted accused persons after 25 years investigation and trial.
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