STATE OF RAJASTHAN Vs. MOHAN

JUDGEMENT

(1.) THIS is an appeal under sec. 417 Cr. P. C. by the State from the judgment of the Additional Sessions Judge of Jalore dated the 24th of July, 1958, by which he set aside the conviction of Mohan under sec. 406 IPC. and the sentence of one year's rigorous imprisonment passed by the First Class Magistrate, Sanchore on the 29th of May, 1958.

(2.) THE findings of fact of both the lower courts are unanimous. It has been held by the lower courts that Anada entrusted 20 Tolas of gold to the accused Mohan on the 2nd of January, 1957 for selling the said gold at Tharad and for returning the proceeds thereof to the complainant Anada. THE accused Mohan failed to return the gold or its sale proceeds as agreed to by him and he told the complainant Anada that no gold was ever received by him for sale. Anada lodged a complaint on the 17th Feb. 1957 at Police Station, Sanchore, and he lodged a complaint in the court of the First Class Magistrate, Sanchore on the 21st of May 1957. THE First Class, Magistrate, Sanchore, after holding a trial, convicted the accused on these facts. THE learned Additional Sessions Judge held that no offence under sec. 406 IPC. was made out on those facts. In the opinion of the Additional Sessions Judge the accused Mohan was authorised to sell the gold that was entrusted to him by Anada and the sale-proceeds of the gold could not be regarded as the property entrusted in the meaning of sec. 406 IPC. In this view of the law, the learned Additional Sessions Judge recorded an order of acquittal.