(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated December 14, 1985 passed by learned Chief Judicial Magistrate, Dholpur (Raj.) in Case No. 85/82 by which he acquitted the accused -respondent Sowaran Singh for the offence under Sec. 409 IPC. The necessary facts giving rise to this appeal in short are as follows: - -
(2.) That a report (Ex. P -10) was submitted by Inspector, Post Office, Dholpur Sub -Division on September 2nd 1976 before the SHO Kotwali, Dholpur, in which it was alleged by complainant Molad Singh (PW -2) that accused -respondent Sowran Singh Postman has misappropriated the amount of the following money orders: - -
(3.) After that, the police registered the case and started the investigation. After usual investigation the police submitted a challan in the court of the Chief Judicial Magistrate, Dholpur.