( 1 ) THE State has preferred this appeal against the judgment and order dated 17-11-1979 passed by Sri. R. C. Srivastava, the then Chief Judicial Magistrate, Etawah in Criminal Case No. 623 of 1975 (Crime No. 539 of 1973, Police Station Kotwali, District Etawah) Whereby the respondent has been acquitted of the charged offence under Section 409 IPC.

( 2 ) DRAPED in brevity, the facts are that the accused-respondent Ram Chandra Singh, Head Constable was In-charge of Sadar Malkhana, District Etawah. A report against him and his assistant Constable Ram Sanehi was made on 19-8-1973 by Sir T. D. Sharma, the then Public Prosecutor, Etawah that the case properties of the following seven cases which had been deposited in Sadar Malkhana were not available :1. Case property No 885/72 u/s 25 Arms Act, P. S. Ekdil. 2. Case property No. 807/72 u/s 25 Arms Act, P. S. Bharthana. 3. Case property No. 880/72 u/s25 Arms Act. P. S. Achhalda 4. Case property No. 120/73 u/s 25 Arms Act P. S. Auraiya 5. Case property No. 140/73 u/s 25 Arms Act P. S. Auraiya 6. Case property No. 40/79 u/s 399/402 IPC and 25 Arms Act Police Station Sahail. 7. Case property No. 677/713/725 of 1971 u/s 394/41