Uma Shankar Poddar v. the State of Jharkhand
Case brief
What is this about?
In a criminal revision against conviction under Section 409 IPC for misappropriating school fees, the High Court upheld the conviction but found the investigation delayed. Considering the petitioner's advanced age and the years elapsed, it modified the original imprisonment sentence to a fine of Rs. 55,000 to be deposited to the Bokaro Steel Plant.
What did the court decide?
The sentence of rigorous imprisonment for three years is modified to a fine of Rs. 55,000 to be deposited within six months; if paid, the petitioner and bailors are discharged.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 828 of 2012
Uma Shankar Poddar son of Late Ganesh Poddar, resident of Chira Chas, P.O.-Bharra, P.S. Chas (M), District-Bokaro
… … … Petitioner -VersusThe State of Jharkhand … … ... Opp. Party
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. A.K. Sahani, Advocate For the Opp. Party : Mr. Shekhar Sinha, A.P.P. Through Video Conferencing
12/20.09.2021
- Heard Mr. A.K. Sahani, the learned counsel appearing on behalf of the petitioner.
- Heard Mr. Shekhar Sinha, the learned A.P.P. appearing on behalf of the Opposite Party-State.
- This criminal revision application has been filed against the Judgment dated 04.09.2012 passed by the learned Additional Sessions Judge-II, Bokaro in Criminal Appeal No. 21 of 2010 whereby and whereunder the appellate court upheld the conviction and sentence of the petitioner under Section 409 of the Indian Penal Code passed by the learned trial court and dismissed the criminal appeal.
Issues for consideration
3 issues framed by the court
Whether the learned courts below committed any perversity in convicting the petitioner for misappropriation of school funds.
Whether the non-examination of the Investigating Officer renders the prosecution case fatal.
Whether the long delay, the petitioner's advanced age, and custody undergone warrant modification of the sentence.
Parties & counsel
- petitioner
Uma Shankar Poddar
- respondent
The State of Jharkhand
Coram
Anubha Rawat Choudhary
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- Cr.Rev./828/2012
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