REPUBLIC OF INDIA Vs. V. CH. SIVA RAO

JUDGEMENT

(1.) An order of acquittal dated 22nd February, 1988 passed by Addl. Chief Judicial Magistrate, Bhubaneswar acquitting the respondent of the charges under Sections 420, 468 and 471 of the I.P.C. in Special Case No.5/1981 is assailed by the Republic of India invoking jurisdiction of this Court under Section 378(1) and (3) of the Code of Criminal Procedure.

(2.) The prosecution case is that the respondent while working as the Head Clerk at Stores Division, Khurda Road under the Senior Divisional Engineer, South Eastern Railway had received eleven tarpaulins, on the basis of false requisitions prepared by him. This incident was alleged to have happened in the year 1979. After receiving the tarpaulins, it was alleged, that the respondent had misappropriated the same.

(3.) The plea of the defence was complete denial. The accused-respondent did not prefer not to examine any witness, but then exhibited three documents.