Judgement

S. R. DAS, J. This is an appeal from the judgment of the High Court of judicature, Orissa, pronounced on 24-7-1951 in Government Appeal No. 5 of 1950 whereby the High Court reversed the order of acquittal passed by the Sessions Judge of Sundar Nagar - Sambalpur and convicted the appellant, a sorter employed in the Postal department, of offences under S. 381, Indian Penal Code, and S. 52, Indian Post Offices Act for having on 3-1-1949 stolen an insured cover of the face value of Rs. 3,000 from the mail van attached to 13 Down Passenger train running from Jharsugukla to Tatanagar and sentenced him to undergo rigorous imprisonment for 5 years on each count, the sentences running concurrently and to a fine of Rs. 500 and in default of payment of fine to a further term of rigorous imprisonment for a period of 6 months.

2. At the beginning of its judgment the High Court summarises the prosecution case as follows. The appellant Bansidhar was Head Sorter No. 7-Out-section and Shib Sankar Sahay P. W. 1 was the Head Sorter R. M. S., Northern Division No. 7 Dn. On the date of occurrence. viz, 3-1-1949, Shib Sankar P. W 1 was in charge of the mail van attached to the 13 Down. Passenger