"Public servants have, in fact, been treated as special category under Section 197 of the CrPC to protect them from malicious or vexatious prosecution. Such protection from harassment is given in public interest and the same cannot be treated as a shield to protect corrupt officials," Special CBI judge Bhupesh Kumar said.
Section 197 of the Code of Criminal Procedure (CrPC) stipulates that no court should take cognisance of criminal charges against a public servant unless prior sanction to prosecute is obtained from the competent authority.
It rejected the contention of Sharma that no sanction was obtained from the authorities concerned under Section 197 of the CrPC to prosecute him.
The court said that the act of the appellant in committing breach of trust and manipulating and falsifying the record cannot be termed as part of his official duties.
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"The alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty," it said.
During the trial, Sharma denied all the incriminating evidence against him and pleaded innocence.
According to the prosecution, Sharma, as part of his duty as sub-postmaster at Dakshin Puri post office here between 1997 and 2001, used to receive deposits from different holders of savings, recurring and time-deposit accounts.
Instead of crediting the amount collected into the government account, Sharma pocketed it for his own personal use and misappropriated a sum to the tune of Rs 3.59 lakh, police said.