Himachal Pradesh High Court Partly Upholds Conviction in 30-Year-Old Embezzlement Case..
SHIMLA - In a ruling, the Himachal Pradesh High Court has partly upheld the conviction of an accused in a decades-old embezzlement case in Kangra district.
The division bench, led by Justices Vivek Singh Thakur and Rakesh Kainthla, restored the lower court’s conviction for the misappropriation of funds but reduced the sentence, considering the lengthy duration of legal proceedings.
The case revolves around allegations dating back to 1992-93.
The accused was initially found guilty by a trial court of embezzling ₹3,000 from Jagpal Singh, with several witnesses, including Gulab Singh (PW3), Simro Devi (PW4), and others providing testimony that fell short of proving substantial misappropriation beyond this amount.
Despite testimonies of deposits and mishandled funds by various witnesses, the prosecution could not substantiate claims of entrustment and misappropriation clearly.
For instance, Gulab Singh admitted to receiving money deposited into his recurring account, then transferred it to a fixed deposit.
Simro Devi, an illiterate witness, was unsure about the exact amount she deposited with the accused, and other witnesses either retracted statements or provided conflicting accounts.
The accused's appeal led to an acquittal by the first appellate court in 2011. However, this was challenged by the State, leading to a drawn-out legal battle spanning over three decades.
The High Court bench recognized the ordeal faced by the accused due to the prolonged trial and appeal process, which they deemed a mitigating factor.
Taking into account this long period, the court reduced the sentence from two years of rigorous imprisonment to six months, with a maintained fine of ₹1,000.
