Law:

Section:

Penal Code (XLV of 1860)--- ----S.409---Criminal Procedure Code (V of 1898), S.417(2-A)---Criminal breach of trust by public servant---Appeal against acquittal---Appreciation of evidence---Accused was alleged to have embezzled certain amount, which was entrusted to him as incharge Utility Store---First Information Report showed that shortage/embezzlement of amount was found during audit, but the most important document of surprise audit was never brought on record---Investigating Officer, as prosecution witness had also stated that despite repeated demands, the complainant did not substantiate his claim with any audit document---Court below, in circumstances, had rightly acquitted accused of the charge under S.409, P.P.C. and order of acquittal was upheld by the High Court. JUDGMENT The above titled appeal has been filed against the order passed by Judicial Magistrate 1st Class Pattika Naseerabad dated 15.12.2014, whereby respondent has been acquitted in offence under section 409, A.P.C. 2. Facts of the case are that Regional Officer Utility Stores Corporation Muzaffarabad filed an application for registration of a case against Munir Sulehria, respondent, on 21.02.2010 whereupon Police Station Kahori registered FIR No. 09/2010 against the accused-respondent in offence under section 409, P.C. After due investigation, the case was submitted before the Court below on 08.07.2010. The prosecution listed 05 witnesses in column 06 of challan form. The statements of all the prosecution witnesses were recorded and after trial, the Court below acquitted the accused in offence under Section 409, P.C., hence, the instant appeal. 3. A preliminary objection was raised on behalf of the accused-respondent that order of acquittal by the trial Court was passed on 15.12.2014 and appeal has been filed on 09.02.2015 which is barred by limitation. In this context, it has been argued on behalf of the appellant that the trial Court announced the oral judgment on 15.12.2014 and the appellant filed an application for copy of the judgment on 22.12.2014. Learned counsel for the appellant has relied on a certified copy of application for obtaining copy of the impugned judgment which shows…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492