State vs Harjinder Singh & Ors. on 1 July, 2019
17) There is no evidence on record that the gatepasses as relied upon by
the prosecution are in the handwriting of accused persons. It is not proved that
those gatepasses have the signatures of accused persons. It is not proved on
record that the paper stock which have been mentioned on those gatepasses
are that stock only which was actually misappropriated. Finding a mistake in
the procedure is a different thing from establishing the identification of the
property which was allegedly misappropriated. There was no effort on the part
of the prosecution to link the entries in the gatepasses as to the movements of
the stocks to the alleged misappropriated paper stock. It is to be reminded here
that this court is not conducting a departmental or fact finding inquiry against
accused persons. This court is dealing with the poser of misappropriation of
certain articles by the accused persons in the capacity of public servants and
in these circumstances it was required for the case of the prosecution to
connect the articles mentioned in the gatepasses to the paper stock allegedly
misappropriated. The case of the prosecution is silent on this aspect. This fact
State Vs. Harjinder Singh & Ors; CIS No. 294747/16;