IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No. 425 of 1999 Date of Decision: 14.7.2010 State of H.P. …Appellant. Versus. Om Prakash …Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for Reporting? No. For the Appellant: Mr. Rajesh Mandhotra, Deputy Advocate General. For the Respondent: Mr. Anand Sharma, Advocate. Per Deepak Gupta, J.(oral) 1. This appeal by the State has been filed for enhancement of sentence. 2. The accused was charged with having committed an offence punishable under Section 409 IPC. for embezzling an amount of Rs.1,082.50/- when he was working in the Block Post Office Rathiar. The allegation was that he had embezzled this amount out of the recurring deposit accounts of various depositors during the year 1985. The trial went on for many years and finally on 17.11.1997 the accused confessed his guilt and pleaded guilty. He, however, prayed for leniency since he 2 was a married man having four minor daughters and was the sole bread earner of the family. It has also come on the record that the entire embezzled amount alongwith interest had been deposited in the accounts of the account holders by the accused. The accused had been removed from service by the postal authorities. The learned trial Court in such circumstances sentenced the accused to imprisonment till rising of the Court and to pay fine of Rs.1500/-. We feel that today, 25 years after the offence was committed, there would be no justification in enhancing the sentence. The appeal is accordingly dismissed. ( Deepak Gupta ) Judge. 14th July, 2010 ( Sanjay Karol ) ™ Judge.