SOMABHAI MATHURBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 05.01.1991 passed by the learned Chief Judicial Magistrate, Bharuch in Criminal Case No. 7222 of 1995, whereby the accused has been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that when the accused No. 1 was President in the Vikas Education Trust situated at Bharuch and the accused No. 2 was on duty as In -charge Principal of the said Trust during the period of the year 1984 -1985, at that time they have not deposited the amount of Provident Fund of the employee in Employees Provident Fund and spend the said amount for their personal use and thereby the accused, with the help of each other, have misappropriated the amount and committed the offence punishable under Section 406 r/w. Section 114 of the Indian Penal Code.

(3.) TO prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.