P.K LOHRA, J.

1. State has laid this Criminal Leave to Appeal under Section 378(iii) & (i) of the Code of Criminal Procedure, 1973 to challenge the acquittal of accused-respondent for offence under Sections 333 and 477 IPC, passed by Addl. Sessions Judge No. 4, Bikaner (for short, ‘learned trial Court’), vide its judgment dated 21st of December, 2016.

2. Facts, in brief, giving rise to this Leave to Appeal are that pursuant to a written report dated 10th of February 2010, FIR No. 22/2010 was registered with Police Station Khajuwala, District Bikaner against accused-respondent for offence punishable under Sections 332, 353, 333, 149 and 477 IPC. Police after investigation charged the accused-respondent for offence under Sections 332, 353, 333 and 477 IPC. Thereafter, charges were framed against the accused-respondent and upon denial of charges, he was put on trial. The prosecution examined eleven witnesses and also exhibited fifteen documents to substantiate its case. After recording statements under Section 313 Cr.P.C, he examined three witnesses in his defence.

3. The learned trial Court, upon appreciation of evidence, recorded a definite finding that charges against accuse