JUDGMENT - G.N. VAIDYA, J.:---The appellant, Harishchandra Gopal Hadkar, was tried before the Presidency Magistrate, 10th Court, Andheri, Bombay, under section 379 of the Indian Penal Code. The charge runs as follows :

"That you between 6.00 p.m. to 9.00 p.m. on 20-11-1969 at Andheri in Greater Bombay, did commit theft of Motor Car No. MRX 6917 belonging to Shrinarayan Sukhanand Jain and thereby committed an offence punishable under section 379 of the Indian Penal Code and within my cognizance." The accused pleaded not guilty to the charge.

2. The prosecution examined four witnesses, none of whome had seen the theft of the car being committed by the accused. P.W. 1, Shrinarayan Sukhanand Jain stated that on November 30, 1969, he had taken his car to the compound of Sangam theatre where he had gone for picture and that after the picture was over, when he came out he found his car missing. He went to Andheri Police Station the same night and gave his complaint. On December 3, 1969, he was informed by the Andheri Police Station that the car was traced out and it was shown to him at Kurla. All four wheels, stepney and many other parts of the car were missing. More than 14 months later,

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