Cr. Appeal No.271 of 1999 18.6.2010 Present: Mr. Rajesh Mandhotra, Deputy Advocate General for the appellant. Mr. Dilip Sharma Advocate with Mr. Rakesh Jaswal counsel for the respondent. This appeal has been filed for enhancement of sentence. The accused was employed as Post Master, Churi and was charged with having embezzled Rs.550 belonging to Shri Roshan Lal, Rs.20/- belonging to Shri Narad Ram and Rs.125/- belonging to Shri Jaram Singh, i.e. a total of Rs.695/- and therefore having committed an offence punishable under Section 409 IPC. During the course of the trial, the accused moved an application that he wanted to plead guilty of the charge. This application was considered by the learned trial Court. The statement of the accused was also recorded that he had voluntarily filed the application and the admission of guilty was voluntarily. Thereafter, on the basis of this plea of guilt tendered by the accused he was convicted for having committed an offence punishable under Section 409 IPC. However, he was only sentenced to undergo imprisonment till the rising of the Court and to pay fine of Rs.1250/-. The State has come up in appeal and prays for enhancement of sentence. In our considered view the sentence imposed is not adequate but at the same time we are of the view that keeping in view the fact that the alleged offence was allegedly committed in the year 1983, the accused faced trial for more than 5 and ½ years, he deposited the entire amount alleged to have been embezzled alongwith the interest thereupon and this appeal has come up for hearing after 11 years there is no justification for enhancement of sentence. The appeal is accordingly dismissed. ( Deepak Gupta ) Judge. 18th June, 2010 ( Sanjay Karol ) ™ Judge.