ORAL JUDGMENT

1. This appeal is filed under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C ”) challenging the judgment and order of acquittal dated 13.10.2023 passed by learned 5th Additional District and Sessions Judge, Kheda in Criminal Appeal No. 40 of 2021 acquitting the respondent-accused from the charges and setting aside the judgment and order passed by the learned Judicial Magistrate First Class, Nadiad dated 18.02.2021 in Criminal Case No.202 of 2010.

2. The facts in a nut shell arising from the present case is as under:

2.1. The complainant company is situated at Nadiad and complainant is the senior officer serving in the complainant company. The company is having its residence and it is allotted to its officers or employees till their service in the complainant Mill.

2.2. The father of the respondent-accused was serving in New Shorok Mill which is one of the division of the complainant company situated at Asarwa and the father of the respondent-accused was allotted room no. 87 till his service period and necessary leave and licence agreement was executed between the complainant and the deceased father of the accused on certain c