Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted under Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and sentence to four months rigorous imprisonment and a fine of Rs. 1,000, in default eight months rigorous imprisonment.

2. We have heard learned counsel for the appellant who has argued that it was not a case of misappropriation by one of bona fide mistake in accounting. It appears that the appellant who was a District Fishery Officer, was not at all conversant with accounts and while writing the cash book and the Consolidated Form and other documents he may have committed mistakes, but in view of the findings of the courts below there can be no doubt that the charge of misappropriation as found against him is proved beyond reasonable doubt. It, however, appears that the entire money which was said to have been embezzled by the appellant was recovered by the Government by deducting the entire amount from the salary of the appellant. It also appears from the statement of the accused under Section 342 that in view of his domestic circumstances he was mentally disturbed. having regard to these special circu