KHEMRAJ Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed assailing the validity of the order dated 20.01.2014 passed by the District & Sessions Judge, Allahabad in Criminal Appeal No.134 of 2013 (Swatantra Kumar Jaiswal Vs. State of U.P.) Police Station-Mutthiganj, District-Allahabad arising out of Case Crime No.723 of 1999 u/s 381, 411 I.P.C. whereby the order of acquittal dated 17.5.2013 passed by the lower court was set aside and the matter was remanded back to reconsider in accordance with law.

(2.) Heard learned counsel for the revisionist as well as learned A.G.A. Record has been perused including the impugned order.

(3.) It appears that the accused Khemraj faced the trial u/s 380 I.P.C. The prosecution story in brief was to the effect that after closing the shop on 22.11.1997 when the complainant came back on 24.11.1997 he found that a box containing about RS.1,00000/- was missing in the shop. Initially F.I.R. was lodged showing suspicion on two servants Ajay and Abhishek but later on the revisionist Khemraj was found to have committed the offence as it was found that the revisionist Khemraj had deposited the aforesaid amount of theft in the account of himself and in the account of his wife. After recording the prosecution evidence the lower court was of the view that the deposited amount in the bank could not be satisfactorily proved to have been the amount of theft. In the view of the trial court the evidence reflected only suspicion and nothing more. Certain other grounds were also taken by the trial court to substantiate the order of acquittal which it passed.