STATE OF GUJARAT Vs. JAYANTIBHAI HIRABHAI SOLANKI

JUDGEMENT

(1.) THE State has preferred this acquittal appeal from the judgment and order dated 24. 9. 1998 of learned JMFC, Prantij, in Criminal Case No. 1241 of 1994, whereby the respondent is acquitted of the charge of offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

(2.) AFTER perusal of the relevant evidence, there was no controversy about the fact that the respondent was prosecuted on the basis of allegations that on 6. 9. 1994, he was on duty as cashier in the bank under the complainant and he was alleged to have walked away with cash totaling Rs. 9,250/-, which was supposed to have been deposited by three persons. Remarkably, Rs. 400/- were found in the drawer of the cashier of the bank and even after realizing that the respondent had left the bank, the person in-charge of the bank had waited till branch manager came in the evening and the FIR was lodged even after nearly three hours of the manager returning to bank at 5:30 p. m. There is also no controversy about the evidence to the effect that on the next day, i. e. 7. 9. 1994, Rs. 8,626/- were recovered from the respondent in presence of witnesses, who were again called from the bank.

(3.) THE prosecution relied upon vouchers at Exh. 26, 27 and 28, which bore stamp of 5th September 1994.