On appeal.
He also held that the appellant had wilfully detained the envelope and thus companymitted an offence under s. 53 of the Indian Post Office Act.
Appeal by special leave from the Judgment and Order dated August 1, 1962, of the Mysore High Court in Criminal Appeal No.
The appellant admitted that the envelope was received at the Haveri Post Office on October 18, 1955 and also, that he did number despatch it on that date.
was delivered by DAs GUPTA J. RAGHUBAR DAYAL J delivered a dissenting opinion.
His case was that it was received at about 5.30 p.m. on the 18th and so it was too late for despatch on that date but that he despatched it duly on the 19th, On a companysideration of the evidence the Sessions Judge held that the charge under s. 52 of the Indian Post Office Act for the theft of currency numbere and for secreting the registered articles had number been established and acquitted him of that charge.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
All this was discovered, it is said, when the Reserve Bank of India, to which this envelope was addressed made enquiries in the matter on finding that numbernote had been enclosed with the petition.
Gopalakrishnan and B. R. G. K. Achar, for the res pondent.
He despatched it the next day.
S. Barlingay and A. G. Ratnaparkhi, for the appellant.
The sentences were directed to run companycurrently.
It was the prosecution case that the appellant removed the half portion of the ten rupee currency numbere from inside the envelope and to companyer up his misconduct made alterations in the petition companytained in the envelope and in the list of registered articles.
The Judgment of SUBBA RAO and DAS GUPTA JJ.
He, however, found it proved that the appellant bad fraudulently altered the lists of registered articles and thereby companymitted an offence under s. 55 of the Indian Post Office Act.
213 of 1961.
202 of 1962.
53 and 55 of the Indian Post Office Act and sentenced him to undergo two months imprisonment on each charge.
DAS GUPTA, J. The appellant, who was a registration clerk in the Haveri Post Office in the Mysore State, was tried by the Sessions Judge, Dharwar, on charges under s. 52, s. 53 and s. 55 of the Indian Post Office Act.
April 1, 1964.
The prosecution case is that on the 18th October 1955 a registered letter companytainin half portion of a ten rupee numbere and petition on behalf of one Muppayyagonda asking for the said numbere to be exchanged for a fresh numbere was received at the Haveri Post Office at 4.30 p.m. from the Branch Post Office at Kabbur.
The appellant who was a, registration clerk at Haveri at the time, however, detained the registered envelope instead of despatching it that very day as he should have done.
Against the High Courts decision the present appeal has been preferred by the appellant, Ramchandra Narasimha Kulkarni.
He accordingly companyvicted the appellant of the charges under Ss.
