STATE OF RAJASTHAN Vs. KISHORE SINGH AND ANR.

JUDGEMENT

(1.) This leave to appeal is barred by six days. Heard on application filed under Sec. 5 of the Limitation Act.

(2.) For the reasons mentioned in it, application seeking condonation of delay is allowed and delay in filing the appeal is condoned. Let memo of leave to appeal be registered and treated as memo of appeal.

(3.) Heard learned Public Prosecutor for the State/appellant as well as learned counsel for the respondents. Perused the order impugned dated 4.2.2003 passed by learned Judicial Magistrate, 1st Class, Kotada, Distt. Udaipur in case no. 14/02 by which accused respondents were not found guilty for the offence under Secs. 420 and 408 Penal Code and they were accordingly acquitted. PW-1 Ghanshyam has not supported the prosecution case and on the contrary, he has admitted that he has himself signed the withdrawal form and withdrew the amount to the tune of Rs. 1,70,000.00 from the Bank. So far as Smt. Shanta Bai wife of PW-7 Shanti Lal is concerned, she has not been produced before the trial court. PW-7 Shanti Lal has not supported the prosecution case. He has not stated anything with regards to the loan taken against FDR account by his wife. However, he stated that his wife has no dues from Bank. From the statement of other prosecution witnesses, it appears that account holder of the Bank themselves admitted in the statement that they have signed the withdrawal form and withdrew the amount. In the circumstances, therefore, the prosecution lias failed to prove any breach of trust or mis-appropriation of fund. There is no evidence of cheating. In the instant case, there is no evidence worth reliance to connect the respondents with the commission of crime.