(1.) By this appeal under Section 378(3) read with section 378 (1) of Code of Criminal Procedure, 1973 the State/appellant has called in question the legality and validity of the judgment dated 22/02/2001 passed by Judicial Magistrate First Class, Baloda Bazar, District Raipur (C.G.) in Criminal Case No. 904/93 whereby the respondent/accused has been acquitted of the charge under section 409 of Indian Penal Code, 1860 (in short IPC).
(2.) Case of the prosecution in brief is that on the date of incident i.e. on 09/05/1993 one Rikshaw Puller, Nirmal Kumar Vishwakarma was carrying some medicine in his Rakshaw. As per Ex. P-1 the said medicines were seized from Nirmal Kumar Vishwakarma (PW-01). F.I.R. (Ex. P-5) was lodged by Dr. Prakash Joshi (PW03) that medicines seized from Rikshaw Puller Nirmal Kumar belong to the Community Health Centre, Government Hospital, Bhatapara. As per Ex. P-5 offence was registered against the compounder of the Hospital i.e. respondent/accused. During investigation, as per Seizure Memo Ex. P-2 certain vouchers issued by the office of Chief Medical Officer Bhatapara to the respondent/accused were seized. After investigation, charge sheet was filed against the respondent/accused under section 409 of IPC for commission of criminal breach of trust in respect of the property that medicines entrusted to him for his personal gains. The Trial Court framed charge under section 409 of IPC against the respondent/accused to which he denied the charge pleaded innocence and prayed for trial.
(3.) In order to proved its case, the prosecution examine total four witnesses. Statement of the accused was recorded under section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his defence he examined one Shiv Kumar Patel as DW-01.