Shimla, June 13
The Himachal Pradesh High Court has overturned a previous verdict by a special judge in Kangra, convicting and sentencing Balak Ram, a Branch Post Master, in a case of misappropriation involving Rs 2 lakh from a post office deposit.
In a judgment passed on June 12, 2024, the division bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla re-sentenced Balak Ram to six months of rigorous imprisonment. This decision came after the court re-examined the facts of the case, originally initiated by a complaint from residents of Dola Khariana.
The residents had alleged that Balak Ram misappropriated funds totaling Rs 2 lakh deposited at the local Branch Post Office. Despite repeated requests, he failed to provide depositors with their passbooks or honor their withdrawal requests, leading to a formal investigation. The probe confirmed that Balak Ram had indeed misappropriated the funds and forged documents.
Initially, Balak Ram was convicted under Sections 409 (Criminal breach of trust), 467 (Forgery of valuable security), and 471 (Using forged documents as genuine) of the Indian Penal Code (IPC). He was sentenced to two years of rigorous imprisonment and fined Rs 1,000, with an additional six months of simple imprisonment if the fine was not paid.
However, Balak Ram appealed the decision, and the Additional Sessions Judge-I in Kangra at Dharamshala acquitted him on December 22, 2011, citing the benefit of the doubt. The appellate court had raised concerns about the reliability of witness testimonies and the investigation’s handling, pointing out inconsistencies and a lack of concrete documentary evidence.
The State’s appeal led the High Court to re-evaluate the case. The judges carefully reviewed the depositors’ testimonies, forensic evidence, and procedural aspects of the investigation. They noted the protracted nature of the legal proceedings, which had spanned over 30 years since the alleged offenses occurred.
Considering the mitigating circumstances, including the lengthy judicial process, the High Court reduced Balak Ram’s sentence to six months of rigorous imprisonment while maintaining the fine. The court instructed Balak Ram to surrender within one month to serve his sentence.
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