(1.) THE Petitioner was tried for offences under Sections 409 and 467, Indian Penal Code. He was acquitted of the offence under Section 467, Indian Penal Code by the learned Assistant Sessions Judge, Sambalpur, but as convicted under Section 409, Indian Penal Code and sentenced to R.I. for three years and to pay a fine of Rs. 2,000/ - in default to undergo R.I. for six months more. The substantive sentence awarded in this case was directed to run concurrently with the substantive sentences awarded in Sessions Trial No. 14/3(S) of 1973. Against his conviction and sentence under Section 409, Indian Penal Code the Petitioner filed an appeal before the Sessions Judge, Sambalpur, which was dismissed. Accordingly, he has filed this revision.
(2.) PROSECUTION case may be stated in short. In 1969 the Petitioner was serving as a Lower Division Clerk in the Working Plan Office No. II of the Forest Department at Sambalpur. He was entrusted with the cash of the office and he was maintaining the cash book and accounts.
(3.) THE learned Courts below have found the Petitioner guilty under Section 409, Indian Penal Code after recording a finding that the Petitioner was in charge of cash of the office. With regard to the charge under Section 409 it was not that the Petitioner was in charge of the cash of the office but that he was specifically entrusted with an amount Rs. 3,000/ - in respect of which he committed criminal breach of trust. The Petitioner denies to be In charge of the cash. Prosecution must, therefore, establish beyond reasonable doubt that the Petitioner was in charge of the cash and he made criminal breach of trust by misappropriating Rs. 3,000/ - out of that cash.