- (1.) Heard learned AGA appearing for the State-appellant and perused the record of the case. The present government appeal arises out of a judgment and order dated 22.1.1992 passed by IInd Additional Chief Judicial Magistrate, Jhansi in criminal case no. 436 of 1990, by means of which the accused-respondent has been acquitted of the charges punishable under Section 420 IPC.
(2.) The case of the prosecution in brief was that the accused-respondent, at the relevant time, was working as a Gate Keeper in Krishna Talkees. The accused-respondent had taken Rs.3000/- from Smt. Sabira by giving her an assurance that he will secure some job, however, as the promise was not fulfilled, Smt. Sabira demanded her money back. The accused-respondent returned only Rs.1000/- and the balance amount was not returned thereafter in that circumstances the complainant had approached the SSP, Jhansi, who in turn had passed an order on 25.2.1987 for registering an FIR and thereafter the FIR was registered on 27.2.1987. After due investigation, chargesheet was submitted, however, the proceedings ultimately culminated in an acquittal.
(3.) Learned AGA has pressed the present appeal on the ground that it was fully proved by witness Smt. Sabina that money was given to the accused-respondent and merely because Sub-Inspector was not examined the case could not have been turned into an acquittal case. However, the fact remains that the court below has recorded categorical finding to the effect : 586725-6 The court below has further recorded to the following effect: 586725-5;