Per Deepak Gupta, J.(Oral)-This appeal by the State is directed against the JUDGMENT dated 29.11.1995 of the learned Chief Judicial Magistrate, Solan at Kandaghat, District Solan in Case No. 45/2 of 1993 whereby he acquitted the accused of having committed an offence punishable under Section 409 IPC.

2. The admitted facts are that accused Jai Lal Pirta was working as Assistant Development Officer with the H.P.Khadi and Village Industry Board (here-in-after referred to as the Board) at Shimla. It is not disputed that the accused between the period 2.4.1983 to 4.4.1983 was entrusted with 215 bags of mustard seeds (sarson) valuing Rs. 1 lakh. The aforesaid mustard seed were to be sold by the accused to the owners of the small oil mills, who had been financed by the Board. The accused shifted the stock of 215 bags of mustard seeds from Sawra in District Shimla to Sairy in Solan District and stocked the same in the house of Nanak Dutt at village Siary. It is not disputed that Nanak Dutt was also the owner of a small oil mill financed by the Board. The accused deposited a sum of Rs.42,000/- as part of the sale proceeds of the mustard seeds and the remaining mustard seeds remaine