Judgment

AMARENDRA NATH SEN, J. :- The accused who happened to be a Head Constable was tried by the Judicial Magistrate First Class, Ram Nagar on a charge under Section 409, R. P. C. The Judicial Magistrate by his judgment dated 15th December, 1973 held that the charge against the accused had been established and he convicted the accused under Section 409, R. P. C. and sentenced him to undergo R. I. for a period of one year and to pay a fine of Rs. 500/-. Against the judgment and order of the Judicial Magistrate the accused filed an appeal in the Court of Sessions Judge, Udhampur. The Sessions Judge by his judgment and order dated 26th April, 1974 upheld the conviction and dismissed the appeal. The accused filed a revision application in the High Court of Jammu and Kashmir and the High Court by its judgment and order dated 28th November, 1974 dismissed the said petition. With Special Leave granted by this Court, the accused has filed this appeal.

2. The brief facts, which are not in dispute, are as follows : The accused, the appellant before us, was entrusted as incharge Courty Ramnagar on 7th February, 1972 with Government money of Rs. 619/-. As a public servant entrusted with Gover