STATE OF PUNJAB Vs. VIJAY KUMAR

JUDGEMENT

(1.) The instant appeal by the State of Punjab is directed against the judgment dtd. 10/6/2004 passed by learned Judicial Magistrate 1st Class, Ludhiana, whereby respondent-accused Vijay Kumar was acquitted of the charge under Sec. 406 of the IPC. The State of Punjab seeks setting aside of the acquittal primarily on the ground that the learned trial Court misappreciated the evidence and failed to hold the respondent guilty of criminal breach of trust in respect of the provident fund contributions deducted from the salaries of employees of M/s Ashoka Uniwool Industry, Ludhiana (hereinafter referred to as 'the Ashoka Industry').

(2.) Having heard learned counsel for the parties and upon careful examination of the evidence and record, we are of the considered view that the judgment of acquittal rendered by the learned trial Court does not suffer from perversity or misappreciation of evidence, and the appeal is devoid of merit.

(3.) According to the prosecution, the Ashoka Industry, was an establishment governed by the provisions of The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'EPF Act'), and thereby under a statutory obligation to deduct the provident fund contributions from the wages of its employees and deposit the same with the Provident Fund Commissioner.