STATE OF GUJARAT Vs. CHHOTALAL VALLABHJI BRAHMIN

JUDGEMENT

(1.) The appellant State has assailed the acquittal order passed by the learned Judicial Magistrate, First Class, Mangrol, in Criminal Case No. 527 of 1980 on 28-4-1983, by invoking the aids of the provisions of Section 378 of the Code of Criminal Procedure ('Code' for short hereinafter.)

(2.) In this appeal, the respondent is the original accused who was charged for the offence punishable under Section 408 of the Indian Penal Code. In that it was alleged by the Prosecution that the accused was working as a principal of Sheriaj Rural Centre, primary basic school, at Mangrol, during the period from 31-3-1979 to 10-11-1979. The said school was run under the management of Shardagram Institute. According to the case of prosecution during the aforesaid period, the accused in his capacity as principal of the said school committed criminal breach of trust by misappropriationg an amount of Rs. 300/- which came to him for the purpose of giving 'scholarship to the students of the school. Thus, it was alleged that the accused had received an amount of Rs. 510/- from the Social Welfare Department for the purpose of giving scholarship to 17 students of the school (Rs. 30/- to each). The accused, as alleged by the prosecution, did not disburse the amount of Rs. 300/- out of Rs. 510/- being scholarship amount to the students and also misappropriated the money be selling books meant for students and thereby committed an offence punishable u/S. 408 of the IPC.

(3.) Accordingly to the prosecution case the alleged incident occurred on or before 31-3-1979. First Information Report was lodged on the aforesaid facts against the accused, on 18-6-1980. The accused was charge-sheeted for the offence punishable under Section 408 of the IPC on 15-12-1980. The accused pleaded not guilty and claimed to be tried.