This criminal appeal by the State challenged an acquittal under Section 406 IPC. The High Court held that the trial court's view was sustainable as the prosecution failed to prove the accused's responsibility and presence, finding no perversity in the acquittal.
Leave to file appeal refused; criminal appeal disposed of; record sent back to concerned court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) Cri. Appeal No. 718 of 2003
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
CRIMINAL APPEAL NO. 718 OF 2003
The State of Maharashtra, .. Appellant Through PSO, Cidco Police Station, (Original complainant) Aurangabad.
versus
Shri Birballal Santaram Bhasin, Age : 45 years, Occupation : Director, R/o. Bhasin Villa, Padampura, .. Respondent Aurangabad. (Original accused)
Mr. S.N. Kendre, Additional Public Prosecutor, for the appellant.
Respondent absent, although served.
CORAM : SHRIHARI P. DAVARE, J. DATE : 28TH NOVEMBER 2011
(2) Cri. Appeal No. 718 of 2003
COURT'S ORDER :
(3) Cri. Appeal No. 718 of 2003
with him, he failed to deposit the same in E.S.I. account and thereby committed criminal breach of trust regarding the said amount by misappropriating it for his own use.
(4) Cri. Appeal No. 718 of 2003
complaint that the accused Mr. Bhasin called Mr. Nagore and directed him to produce all documents before him. He has also admitted during cross examination that no document bears signature of the accused. Hence, considering all these aspects and deformities and infirmities in the prosecution case, learned trial court has rightly acquitted the accused and no interference therein is required in appellate jurisdiction.
( SHRIHARI P. DAVARE ) JUDGE
bgp/kapp718
2 issues framed by the court
Whether the trial court's acquittal of the accused under Section 406 IPC was perverse and required interference in appeal.
Whether the evidence on record established the accused's responsibility and misappropriation of ESI contributions.
1 provisions across 1 enactments
State of Maharashtra
Birballal Santaram Bhasin
Shrihari P. Davare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
