STATE OF GUJARAT Vs. DINESHKUMAR D NINAMA

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 30.12.1991 passed by learned Judicial Magistrate, First Class, Idar in Criminal Case No. 2102 of 1986 whereby the respondent -accused person was acquitted of the charges levelled against him.

(2.) THE brief facts of the prosecution case is that on 22.1.1986 the present respondent was serving as Booking Clerk at Kadiadara Railway Station. On that time at about 7.30 hours Rs. 1,274/ - was not put in cash bag and without putting the money the bag was sealed and thereafter deliberately he put tear on one side of the cash bag and then thread was tide over the said bag in such a way that the tear was not seen and after making the bag fit in that fashion, the said bag No. 11 was put in Safe No. 167 and thereby misappropriated the aforesaid amount of Rs. 1,274/ -. On these facts the respondent was charged as above.

(3.) THE respondent pleaded not guilty to the charge and claimed to be tried. The learned Magistrate was pleased to acquit the respondent by judgment and order dated 30.12.1991 for the offence with which he was charged.