(1.) THIS is a State's appeal against the acquittal of the accused under Section 379 I. P. C. and Section 3 of the Prevention of Damage to Public Property Act, 1984 Judgment dated 28. 04. 2004, of the learnj. M. F. C. , Bicholim.
(2.) THE accused is a market inspector of Prevention of Damage to Public Property Act, 1984 Bicholim Municipal Council, (BMC, for short ). The case against the accused came to be investigated upon a complaint/f. I. R. filed against him by Rajaram Gaonkar, the Chairperson of the said BMC. The accused was charged and tried by the learned J. M. F. C. with the allegation that on 28. 10. 2002 at about 18. 0o hours, the accused committed theft of a maruti van ambulance, (vehicle, for short), bearing registration no. GA- 01/g-0871, valued at Rs. 2,20,000/-, which was parked in the garage of the said BMC.
(3.) THE case of the accused was that he was framed on account of his strained relationship with the said Chairperson.