STATE BY PURA POLICE STATION CHINTAMANI Vs. RAMANJANAPPA

JUDGEMENT

(1.) THE State has filed this appeal against judgment of acquittal of respondent -accused (hereinafter referred to as accused), for an offence punishable under Section 409 I.P.C.

(2.) THE charge framed by the trial Court reads thus: "That during the year 1995, for the period in between 1.9.1994 to 7.2.1995 you were entrusted the work of sale and stock transaction of the property belonging to the Karnataka State Seeds Corporation (Ltd.), Br. at Chintamani as a S.D.A. and intentionally mis -used an amount of Rs. 38,558.65 ps. for personal use and not depositing the said amount to the bank and also not accounted properly in the stock book in your capacity of as such a Public Servant and that you committed criminal breach of trust in respect of that property and thereby committed an offence punishable under Section 403 of the IPC and within my cognizance. 

(3.) THE learned trial Judge on hearing the learned counsel for parties and on appreciation of evidence has acquitted the accused by recording the following reasons: (i) The prosecution has failed to prove that the accused was entrusted with the stock of KSSC Ltd., Chintamani, (ii) The prosecution has failed to prove that the accused was entrusted with the duty of transacting business of KSSC Ltd., Chintamani viz., sale of seeds to farmers.