STATE OF GUJARAT Vs. HASANBHAI GIGABHAI ZANKHRA

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 22nd March 2004 passed by the learned Judicial Magistrate First Class, Rajula, in Criminal Case No.1494 of 1994 for the offences punishable under Section 406, 408, 468 and 477(a) 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 complainant was discharging his duties as Mamlatdar in the year 1994. It is the case of the prosecution that when on 09th February 1993 the Assistant Collector had visited Raidi Primary School, Mid-day Meal Scheme Center, it was found that less number of children were benefited of the Scheme. It is the case of the prosecution that therefore, report was made against the Administrator of Raidi Primary School on 13th April 1993. Relying on the said report, complainant had filed the present complaint against the administrator of Raidi Primary School inter alia alleging that during the period 01st January 1992 to 09th February 1993, the administrator of Raidi Primary School had misappropriated an amount of Rs.28,027.05 paisa. The complaint was filed against the respondent-accused in the Court of learned Judicial Magistrate First Class, Rajula.

(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 22nd March 2004.