R. S. BINDRA, ADDL. J. C. :- This appeal has been filed by the Police Prosecutor, Margao, against the judgment dated 3-9-1964 of the Judicial Magistrate, Margao, whereby the latter acquitted the respondent Filomeno Joaquim Gregorio de Souza, alias Greg. Of the charge

under section 453 of the Portuguese Penal Code (hereinafter referred to as the Code).

2. The prosecution story was that on 27-8-1961 the accused Greg agreed to sell his Opel Car for Rs. 12,000 to Jeanette Raquel Amelia, a teacher by profession, and took a sum of Rs. 4,000 from her as advanced payment. However, soon after the liberation of the territory the accused went back on his commitment, sold the car elsewhere and went to the length of refusing to return Rs. 4,000 to her. A complaint was lodged by Jeanette on 8-8-1962 and the accused was summoned at the police station on 29-8-1962. He denied that he had entered into any agreement of sale of a car with Jeanette or he had received Rs. 4,000 from her in that connection. He alleged that soon after he returned from Nairobi, where he was employed in an engineering concern, he developed firstly an acquaintance with Miss Jeanette and that that acquaintance culminat