Raj an, J.

The petitioner along with four others were charge sheeted by the Vigilance Department under Ss.5(1)(c) and (d) read with S.5(2) of the Prevention of Corruption Act and under Ss.120-6,409,468,471 and 477-A of IPC. The prosecution case was that the accused criminally conspired to misappropriate Government funds, created with intention to cheat, fabrication of false certificats of work towards charge for pulling out seed lings from Social Forestry Nurseries and by using such forged vouchers as genuine and falsifying the accounts and by committing criminal breach of trust, misappropriated Government money. By Ext. P-2 judgment, the petitioner and others were acquitted. In Exhibit P-2 judgment the Criminal Court came to the following conclusion:

",Therefore, this is a case where the prosecution was not able to prove that the accused criminally conspired together and the vouchers relied on by them are forged or that they have used those forged vouchers and falsified the accounts or by committing criminal breach of trust misappropriated Government funds".

On the above findings the court held that the prosecution was not able to prove any of the charges levelled against