- (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 : (i) He withdrew an amount of Rs. 2000/ - as leave travelling con cession advance, without any sanction; (ii) He withdrew another amount of Rs. 2,000/ - on 31 -10 -1977 as leave travelling concession ad vance, again without any sanc tion; (iii) On 13 -04 -1977 he made entry of an amount of Rs. 2217. 50p in the register (extract Ext. A 5) as payment of a bill of hono rarium (Ext. A21) but did not make the payment; (iv) He withdrew an amount of Rs. 2000/ - as forest advance on 30 -04 -1977, without any sanction; (v) He also withdrew an amount of Rs. 3100/ - as forest advance on 22 -06 -1977, without any sanction; (vi) He again withdrew Rs. 1300/ - as forest advance, without any sanction; (vii) In the month of May, 1977 he embezzled Rs. 700/ - out of the expenses incurred by the office; (viii) Similarly in the month of Au gust, 1977 he embezzled Rs. 3000/ -, and (ix) In the month of February, 1978 again the appellant embezzled Rs. 1500/ -in the same manner. Thus, the appellant in all, embez zled Rs. 16,016. 60p. A report was lodged with the Central Bureau of Inves tigation (for brevity hereinafter referred as C. B. I.) on 1/ - 04 -1979 regarding the aforesaid embezzlement and investiga tion was conducted by PW12 R. K. Bhakta, who collected the evidence and after obtaining report of the handwrit ing expert, obtained necessary sanction from the competent authority and sub mitted charge sheet (Ext. A. 59) against the accused/appellant.;