STATE OF GUJARAT Vs. SHAMBHUBHAI HIRABHAI MAKANI

JUDGEMENT

(1.) THE present acquittal appeal has been filed by the State under sec. 378 of CrPC against the judgment and order of acquittal dated 30.4.1998 passed by the learned Chief Judicial Magistrate, Amreli in Criminal Case No. 1524 of 1993. The said case was registered against the present respondent for the offence punishable under sec. 403, 406 and 408 of IPC before the Police and after investigation the case was proceeded before the trial court. Before the trial court, the prosecution has led the oral as well as documentary evidence and at the conclusion of the trial, the respondent has been acquitted from the charges levelled against him. Hence, in the present appeal, the judgment of the trial court has been challenged by the State on the ground that the judgment and order passed by the Ld. Judge is against law and evidence on record, and, therefore, the same is required to be quashed and set aside.

(2.) ACCORDING to the prosecution case, the complainant is Managing Trustee of Chital Kelvani Mandal and present respondent was serving in the said school since 1981 as Principal. During the period from 27.6.1991 to 4.7.1991, the First Attempt Certificates were issued to five students and Rs. 5/ - which was received by him was not deposited in the offence and misused by the respondent. On 31.3.1992 the Clerk of Monpur High School has purchased stationary and some other articles of Rs. 11,328/ - and the same were handed over to the present respondent but the respondent has not deposited the same in the school and it was misused by him, therefore, the complaint was filed against him for the criminal breach of trust and criminal misappropriation.

(3.) BEFORE the trial court, 15th witnesses were examined and documentary evidences were also produced. At the conclusion of the trial, after appreciating the oral as well as documentary evidence, the ld. Judge vide impugned judgment and order acquitted the respondent.