J S BIST Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under sec tion 374 (2) of Code of Criminal Proce dure (for brevity hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 22 -01 -1982 passed in criminal trial No. 2 of 1980 by learned Sessions Judge, Anti - Corruption, Dehradun, whereby appellant J. S. Bist has been convicted under section 409 of the Indian Penal Code, 1860, (for brev ity hereinafter referred as I. PC.) and un der section 5 (2) read with section 5 (1 ) (c) of Prevention of Corruption Act, 1947 (for brevity hereinafter referred as P. C. Act ). The trial court has sentenced the appellant under section 409 I. P. C to un dergo imprisonment for a period of 18 months, and under section 5 (2) read with section 5 (1) (c) of P. C. Act to un dergo imprisonment for a period of 18 months and also to pay fine of Rs. 5000/ -, in default of payment of which, the appellant is directed to undergo im prisonment for a further period of six months. Both the sentences are directed to run concurrently.

(2.) I heard learned counsel for the parties and perused the entire record.

(3.) PROSECUTION story, in brief, is that in the year 1977 and 1978 appellant J. S. Bist worked as a cashier in the of fice of Director of Forest Education (for brevity hereinafter referred as D. F. E.), in Forest Research Institute, Dehradun. His job was to maintain the cash book and he was entrusted with the money be longing to aforesaid office. During his posting as cashier the appellant Misap propriated the following sums entrusted to him :