Karnataka High Court Sentences 80-Yr-Old To One Day In 36 Yrs Old Misappropriation Case

The Karnataka High Court recently modified the sentence of one year imprisonment imposed on a 80-year-old, former government servant who was convicted for misappropriating public funds and commuted it to one day–till the rising of the court.

A single judge bench of Justice S Vishwajith Shetty allowed the petition filed by Hanumanthrao in part and said “The judgment and order of conviction passed by the courts below convicting the petitioner for the offences under Sections 409 & 477A of IPC is upheld. The order of sentence passed by the courts below against the petitioner for the said offences is modified and the petitioner is sentenced to undergo simple imprisonment till the rising of the court and pay a fine of Rs.10,000.”

Case Details:

On the complaint made in the year 1987 by C.S.Muthanna, the then District Treasury Officer, Mandya, a was registered by the police against the petitioner for the offences punishable under Sections 409 & 477A of IPC.

It was alleged that Hanumantharai while working as an officer in the State Treasury, K.R.Pet, during the course of his duty for the period from 21.11.1981 to 05.01.1987 had misappropriated a sum of Rs.54,200 payable towards widow pension.

This misappropriation done by the petitioner was found out during audit inspection and immediately thereafter, notice was issued to the petitioner calling upon him to repay the misappropriated amount on or before 31.01.1987. Thereafter, the said amount was recovered from the petitioner's salary and a criminal complaint was lodged against the petitioner. The police after investigation in the said case had filed a charge sheet against the petitioner for the aforesaid offences.

During the trial the prosecution examined 24 witnesses to bring home guilt of the accused. Following which the trial court vide its judgment and order dated 08.04.2009 convicted the petitioner for the offences which he was charged and sentenced him to undergo simple imprisonment for a period of one year and pay fine of Rs.3,000 for the offences charged.

The appeal filed against the conviction came to be rejected. Following which he approached the High court in revision.

The accused contended that he does not challenge the order of conviction passed by the courts below seriously. He is aged about 80 years and he is suffering from various ailments. The misappropriated amount of Rs.54,200 has been recovered in the year 1987 itself. The petitioner being a retired Government servant and a first offender, therefore, leniency may be shown by reducing the sentence imposed on him by the courts below.

The prosecution opposed the plea saying the petitioner was a Government servant and he has misappropriated public funds, and therefore, he is not entitled for any leniency.

Findings:

The bench placed reliance on the Supreme Court judgment in the case of State of Himachal Pradesh v. Karanvir, wherein the court considering the fact that the accused (postmaster) was aged about 60 years and the offences were committed about 15 years back, had reduced the sentence imposed by the courts below and had imposed fine on the accused without substantial punishment.

It said “The petitioner is aged about 80 years and the alleged crime was committed in the year 1987. Therefore, the alleged offence is said to have been committed by the petitioner 36 years back. It is not in dispute that the petitioner is a first offender and there are no criminal antecedents against him. He is a retired Government servant.”

Thus it held “Taking all these aspects into consideration and also in the background of the judgment of the Hon'ble Supreme Court in Karanvir's case supra, I am of the view that this is a fit case wherein this Court is required to take a lenient view while sentencing the petitioner, more so having regard to the peculiar facts and circumstances of the case.”

The court directed the petitioner to deposit the fine amount before the Trial Court within four weeks.

Case Title: Hanumanthrao And State of Karnataka

Case No: CRL.R.P. No. 856 OF 2014

Citation: 2023 LiveLaw (Kar) 161

Date of Order: 20-03-2023

Appearance: Advocate M.B. Chandrachooda for petitioner.

HCGP Rashmi Jadhav for respondent.

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