ORDER

This appeal is directed against the judgment and order passed by the High Court of Judicature at Bombay, Aurangabad Bench in Criminal Appeal No.6 of 1997, dated 24.11.2008 whereby the High Court has set aside the order of acquittal passed by the Trial Court in Special Case No.2 of 1993, dated 01.07.1996.

2. The prosecution’s case is as follows:

The appellant was, at the time of the alleged incident, working as the “Sheristedar” in the Court of the Civil Judge. The complainant had been the defendant in Civil Suit No.598/88. A decree dated 21.01.1992 was passed against him by the Civil Court wherein he was directed to transfer vacant possession of his residence to the plaintiff-landlord. The Court had further granted him leave to file an appeal against the said decree till 12.02.1992. To this end, the complainant filed an application dated 22.01.1992 for getting certified copies of the judgment and order passed by the Court and deposited the requisite fee of Rs.50/-. Further, on 27.01.1992, he filed an application for extension of time for filing the appeal.

3. On 28.01.1992, the complainant approached the appellant in order to inquire about the issue of the said certified copies a