JUDGMENT

Thakkar, J. - A passenger travelling by a train, (respondent No.1 herein) who had adorned his waistline with a waistchain (kandora) weighing 820 grammes, which according to the prosecution, was made of pure gold and was coated with mercury so as to give an appearance of being made of silver was acquitted by the trial court relying on the evidence of a licensed gold dealer as a defence witness, who, as per the narration in para 17 of the judgment of the trial court, stated that

"…such chains are put on as kandora on the waist of ladies and gents in Rajasthan. He had sold such kandoras and seen people putting on such kandoras in Rajasthan State on their waist. Such chains or kandoras can be prepared out of pure gold as well as mixed gold. In old times such kandoras used to be prepared out of pure gold. In these days such type of kandoras are sold out to us by people. The witness further states that the design of muddamal chain was much in vogue in Rajasthan as because of unsoldered hooks it would fetch full value on sale. By pure gold he meant gold of more than 99.60 purity or 24 carats purity. According to him about 25 years back sharaps of Rajasthan were not allowed to sel