JUDGMENT-The petitioner was prosecuted for an offence punishable under section 406 of the Indian Penal Code by the Police Sub-Inspector, Police Station Parli-Vaijnath, District Beed, on May 27,1981 on a report by complainant Hiralal Chunnilal Sarda, a resident of Parli- Vaijanath, Taluka Ambejogai, District Beed, contending that he had entrusted about 163 tolas of gold ornaments on account of mutual intimate relationship for the purpose of safe custody to the petitioner. These ornaments belonged to the complainant's wife, son-in-law Narsingdas Maniyar from Gangakhed and relation Chandulal Nawandar from Govardhan. They were entrusted to the petitioner for safe custody on March 5, 1981 in the persence of two witnesses, being Chandulal Nawandar and Khushalchand Gatagat. It was on May IS, 1981 that the complainant was called by the petitioner accused and told that all the ornaments kept by him were stolen. Upon hearing this, it is alleged, complainant Hiralal told the petitioner-accused to make a report to the Police Station. According to the complainant, the petitioner-accused admitted the entrustment of the ornaments in the presence of Hiralal S/o Pakshitam. Baburao s/o Atoba Sangai,

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