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Judgment
The Appeal is directed against the judgment and order dated 18.04.2006 passed by the Principal Civil Judge, Vankaner recording acquittal for
the respondent of the charges leveled under Section 408 of the Indian Penal Code (for short ""IPC""), in Criminal Case No.546 of 1991.
The charge against the respondent was his having committed breach of trust by not making the relevant entries of collection of Rs.18,086.20p.,
collected from different persons by respondent in the capacity of the Secretary of Beldi Seva Sahakari Mandali.
To prove the charge audit report and oral evidence inter alia came to be relied upon by the prosecution.
Having considered the submissions made by the learned APP, it transpires that while no audit report was placed on record of the court below,
the testimony offered by PW - 1 - the complainant and PW - 2, 3, 4 and 5 is as vague as can be. So far as the complainant - PW-1 is concerned,
he was discharging his duties as Cooperation Officer with the office of the District Registrar, Rajkot. His evidence does not reveal the entrustment
or dominion over the property i.e. money allegedly collected by the respondent while discharging his duties as Secretary of the Society, as required
under Section 408 of the IPC. He has not even named the respondent as a person liable for the offence under Section 408 of the IPC. Similarly,
PW - 2 to PW - 5 have feigned ignorance of the matter at issue.
After considering the oral and documentary evidence and the submissions made by the parties the court below found the lack of evidence in
support of the charge leveled against the respondent at Exh.-26. Even the charge does not reveal the material particulars indicating the entrustment
or dominion over the property with the respondent.
Thus having regard to the evidence noted above, the trial court cannot be faulted with the conclusion reached by it. No interference is required
under Section 378 of Cr.P.C. The Appeal fails and is dismissed.