3168.txt

The current document is an appeal by Jai Gopal Sethi, a former Sub Divisional Officer in the Public Works Department, who was convicted by the High Court of Pepsu for charges of forgery and misappropriation under sections 465 and 409 of the Indian Penal Code. The accused included a fictitious name in the acquittance roll and drew wages for himself, resulting in misappropriation of Rs. 51. The trial court had acquitted the accused, but the High Court convicted him. The accused argues that sanction was not obtained for his prosecution under section 197(1) of the Code of Criminal Procedure, and that the evidence against him is insufficient to establish guilt. The cases of Hori Ram Singh vs Emperor and Albert West Meads vs The King are cited to support the argument that whether sanction is necessary depends on whether the acts complained of are directly related to the duties of the public servant. As the accused received funds as a public servant and was required to pay them to another official, the acts fall within the scope of the accused's duties, and sanction was required under section 197(1) of the Code of Criminal Procedure. The absence of such sanction renders the prosecution bad for want of sanction. The appeal is allowed, and the conviction and sentences are set aside. No further details are provided in the current document.