STATE OF GUJARAT Vs. JAMAN MEGHAJI PATEL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment and order dated 27.3.1997 passed by the learned Judicial Magistrate First class, Kalavad in Criminal Case No. 672/1990 acquitting the accused-respondent for the offence punishable under sec. 409 of IPC.

(2.) The case of the prosecution is that during the period from 13.3.1989 to 13.7.1989 the original accused was in-charge of Branch Post office, Sarvaniya, has misappropriated the Money Order amount of Patel Ghelabhai Jivrajbhai. The said amount Rs. 1200/- was not given to Patel Ghelabhai Jivrajbhai and has also misappropriated the amount of Rs. 9000/- of Patel Ghelabhai Jivrajbhai. After the investigation is over, charge-sheet was filed. The accused- respondent has not pleaded guilty and has claimed to be tried. The prosecution has examined the following witnesses.

(3.) After recording the statement of the accused-respondent under sec. 313 of Code of Criminal Procedure, the trial court has acquitted the accused-respondent. The trial court has discussed the evidence of each of the witnesses, more particularly, the original complainant at page 139 and has given finding that the investigation was not carried out properly. The statement of the person whose amount has been misappropriated, is not recorded and and he is not even examined. Even, for the amount of Rs. 9000/-, no account was produced on the record of the case. In that view of the matter, considering the evidence on record, the benefit of doubt is given to the respondent.