STATE OF GUJARAT Vs. MAHESHKUMAR DHIRAJLAL THAKKAR

JUDGEMENT

(1.) The accused-respondent was serving as a Tracer in the office of the Sub-Divisional Soil Conservation officer, Bhavn gar from December 12, 1965 to Feb. 6, 1968. While still in service as a fracer, he applied on January 10, 1969 to the Railway Authorities Bhavnagar for receiving training as an Apprentice Electrical Signal Maintainer. His application was accepted by the Divisonal Assistant Signal and Tele-communication Engineer. The accused obtained earned leave from the Sub-Divisional Soil Conservation officer for the period from February 13, 1967 to February 15, 1968 and joined as Apprentice for receiving training at Ajmer. On completion of the training at Ajmer. On completion of the training, the accused obtained leave from the Western Railway from February 5, 1968 and resumed duty in the office of the Soil Conservation officer, Bhavangar and resigned from that service with effect from February 6, 1968. He obtained pay and allownecs from the Soil Conservation office for the period, December 16, 1967 to February 6, 1968 and also drew the stipend admissible to trainee Apprentices from the Railway for the said period.

(2.) On these facts, the respondent was prosecuted under Section 168, Indian Penal Code, before the Special Sub-Judicial Magistrate, 1st Class. Ahmedabad (Rural) and was convicted under the said Section and sentenced to pay a fine of Rs. 60/-. The Sessions Judge dismissed his appeal.

(3.) On revision, the Gujarat High Court set aside the conviction and acquitted the respondent by a judgment, dated July 27, 1978. Hence, this appeal by the State of Gujarat.