STATE OF GUJARAT Vs. UPENDRA RANCHHODLAL SHAH

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 23rd April 2004 passed by the learned 5th Joint Judicial Magistrate First Class(S.D.), Bhavnagar, in Criminal Case No.192 of 2002 for the offences punishable under Section 409 of the Indian Penal Code, whereby the learned Magistrate was pleased to acquit the respondent-accused of the charges levelled against him.

(2.) The short facts of the prosecution case is that the respondent-accused was serving as a Senior Clerk in the office of the Assistant Commissioner of Sales Tax, Bhavnagar. It is the case of the prosecution that between the period 01st December 1997 and 17th November 1998 the respondent-accused temporarily misappropriated the amount of different telephone bills of different departments, though he had prepared and encashed the amount from the treasury for his personal use. Thus, the respondent-accused has committed breach of trust punishable under Section 409 of the Indian Penal Code. Therefore, complaint was filed against the respondent-accused in the Court of learned 5th Joint Judicial Magistrate First Class(S.D.), Bhavnagar.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondent-accused from the charges alleged against him by the Judgment and Order of acquittal dated 23rd April 2004.