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Issues involved: Appeal against conviction and sentence under Section 409 of the Indian Penal Code.
Brief facts: The Appellant, a Fair Price Shop dealer, was accused of misappropriating rice meant for workers under the "Food For Work Scheme." Complaints were filed, inspections were conducted, and the Appellant was arrested and convicted by the trial court. Legal principles: Sections 405, 406, and 409 of the Indian Penal Code define and punish criminal breach of trust, especially when committed by a public servant or entrusted individual. The prosecution must prove entrustment of property and dishonest misappropriation to establish the offence. Prosecution's case: The prosecution presented official and beneficiary witnesses, along with investigating officers, to establish that the Appellant misappropriated rice intended for distribution. Evidence showed discrepancies in accounts, failure to produce proper coupons, and distribution without authorization. Court's decision: The trial court, appellate court, and High Court upheld the conviction, finding the evidence reliable and the offence proven. The Appellant's plea for leniency based on the delay in the case was rejected, emphasizing the importance of maintaining accurate records in public distribution schemes. Conclusion: The appeal was dismissed, and the Appellant was ordered to surrender and serve the remaining sentence. The courts emphasized the seriousness of breaching trust in public service and the need for strict adherence to legal requirements in handling government property.
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