Telangana High Court
The State Of A.P., vs Narsingoju Narasimha Chari 4 Others, on 10 March, 2025
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.753 OF 2012
JUDGMENT:
1. The State, aggrieved by the acquittal of the
respondents/accused for the offence under Section 409 of IPC vide
judgment in C.C.No.599 of 2003, dated 13.04.2006 passed by the
Judicial First Class Magistrate, Tandur, Ranga Reddy, filed the
present appeal.
2. P.W.4 is the Project Director of Watershed Association. The
respondents/accused are Watershed Association members. P.W.4
called the village elders including Village Secretary and enquired
about the misappropriation of funds which were drawn by the
association members allotted by the Government. According to the
villagers, they found misappropriation of Rs.48,000/- and therefore,
P.W.4 prepared a report to that effect.
3. On the basis of the complaint filed, Basheerabad Police
investigated the case and filed charge sheet for misappropriation of
Rs.48,000/- of Government funds.
4. Learned Magistrate found that the entire evidence is based on
the testimony of P.Ws.1 to 4. Not a single document is filed to
substantiate that there were funds which were allotted by the
Government and that the funds were entrusted to the
respondents/accused and pursuant to such entrustment, the
amount was misappropriated.
5. Learned Magistrate found that in the absence of any document
filed to prove that the amounts were received by the Watershed
Association from the Government, the question of misappropriation
does not arise.
6. In Ravi Sharma v. State (Government of NCT of Delhi) and
another 1, the Hon'ble Supreme Court held that, while dealing with an
appeal against acquittal, the appellate court has to consider whether the
trial Court's view can be termed as a possible one, particularly when
evidence on record has been analysed. The reason is that an order of
acquittal adds up to the presumption of innocence in favour of the
accused. Thus, the appellate court has to be relatively slow in reversing
the order of the trial court rendering acquittal.
(2022) 8 Supreme Court Cases 536
7. In Ghurey Lal v. State of Uttar Pradesh 2, the Hon'ble Supreme
Court, after referring to several Judgments regarding the settled
principles of law and the powers of appellate Court in reversing the order
of acquittal, held at para 70 as follows:
"70. In the light of the above, the High Court and other appellate Courts
should follow the well-settled principles crystallized by number of Judgments
if it is going to overrule or otherwise disturb the trial court's acquittal:
1. The appellate court may only overrule or otherwise disturb the trial
court's acquittal if it has "very substantial and compelling reasons" for doing
so.
A number of instances arise in which the appellate court would have
"very substantial and compelling reasons" to discard the trial court's decision.
"Very substantial and compelling reasons" exist when:
i) The trial court's conclusion with regard to the facts is palpably wrong:
ii) The trial court's decision was based on an erroneous view of law;
iii) The trial court's judgment is likely to result in "grave miscarriage of
justice";
iv) The entire approach of the trial court in dealing with the evidence was
patently illegal;
v) The trial court's judgment was manifestly unjust and unreasonable;
vi) The trial court has ignored the evidence or misread the material
evidence or has ignored material documents like dying declarations/report of
the ballistic expert, etc.
vii) This list is intended to be illustrative, not exhaustive.
2. The appellate court must always give proper weight and
consideration o the findings of the trial court.
If two reasonable views can be reached__ one that leads to acquittal, the other to
conviction__the High Courts/appellate courts must rule in favour of the accused."
8. As rightly found by the learned Magistrate, the sine qua non
for attracting Section 409 of IPC is entrustment. The prosecution
has not filed any evidence to show that the amounts were released
(2008) 10 Supreme Court Cases 450
by the Government and in turn entrustment to the accused in any
manner whatsoever. Failure to file any documents to substantiate
the allegation of misappropriation, the question of conviction does
not arise.
9. Accordingly, Criminal Appeal is dismissed.
__________________
K.SURENDER, J
Date: 10.03.2025
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