ORAL JUDGMENT

1.The State of Gujarat – The Appellant has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 [herein after referred to as “The Code” for brevity] challenging the order of acquittal dated 24/1/1997 passed by learned JMFC, Wadhwan, District Surendranagar, in Criminal Case No. 326 of 1990, acquitting the present respondent / original accused No.1 of the charge of committing offence punishable under Section 406 r/w section 114 of I.P. Code [herein after referred to as “IPC” for short]. This order of acquittal dated 24/1/1997 passed by learned JMFC, Wadhwan, in Criminal Case No. 326 of 1990 is impugned in the present appeal. This Court (Coram:N.N. Mathur, J) on 6/5/1997 granted leave and admitted the appeal. Today the same was taken up for final disposal.

2.The facts in brief leading to filing the appeal deserve to be set out as under:-

2.1 The prosecution witness no.2- wife had filed complaint before the concerned Magistrate against original accused no.1-husband and accused no.2 – mother-in-law alleging commission of offence punishable under section 406 r/w section 114 of I.P. Code as the accused did not return the Sridhan and the goods given t