STATE OF M P Vs. GYAN SWAROOP SHRIVASTAVA

JUDGEMENT

(1.) This appeal has been filed on behalf of State of Madhya Pradesh aggrieved of the order of acquittal passed by JMFC, Chandri, whereby the accused has been acquitted for charge under Section 409 of IPC alleging that the he was entrusted a sum of Rs. 35,509/00, but he was misappropriated that amount.

(2.) However, the evidence which has come on record has been discussed in para 15 and 20 categorically established that the prosecution failed to prove entrustment of this amount to the accused. Paragraphs 15 and 20 are relevant and re -produced here for ready reference:

(3.) As such, when the entrustment was not proved, the question of misappropriation does not arise. Therefore, there is no reason to reverse the judgment of acquittal. I do not find any good reason to accept the appeal of the State against acquittal. There shall be no order as to costs.