JUDGMENT

Arijit Pasayat, J.-The Court of law is described as a temple of justice. Logically, the Presiding Officer is the "Pujak" and members of staff are the "Sewaks". It is, therefore, a matter of grave concern when a "Sewak" is alleged to have misappropriated funds of the temple.

2. Appellant who was the property clerk in the Court of Judicial Magistrate, First Class, Chikodi, allegedly misappropriated properties belonging to the Court and sold them to four other persons who were acquitted by the trial Court along with the present appellant. While the appellant stood charged for commission of offence punishable under Section 409 of the Indian Penal Code, 1860 (in short the IPC ) the rest four stood charged for commission of offence punishable under Section 411 IPC. The prosecution alleged that while the properties in question were under the domain of the appellant, he sold them to accused Nos. 2 to 5 during the period 2.3.1979 to 6.6.1985 and, therefore, committed the offence as alleged. After charge was framed all the five persons faced trial before the Principal Civil Judge and Judicial Magistrate, First Class, Chikodi, who by judgment dated 4th July, 1989 held that all the acc