(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated 9.10.1984, passed by the Judicial Magistrate No. 3, Kota in Case No. 417/84 for the offence under Sec. 408 Penal Code whereby he has acquitted the accused respondent.
(2.) The necessary facts giving rise to this appeal in brief are as under-
(3.) That on 8.3.1976,Ratan Lal PW. 1 lodged a First Information Report in Police Station Kotwali, Kota bearing FIR No. 46/76 under Sec. 408 Penal Code in which he stated that on 7.3.1996 in Kota Cooperative Consumer wholesale Store (Cloth Branch), there was a Goderage Almahar from which, Rs. 3829.00has stolen and the keys of the store were lying with the accused respondent.