JUDGMENT

The appellant at the relevant time was employed as a Laboratory Attendant in the Fruit Canning Unit at Naubhar, Shimla in the year 1974. One of his duties was to collect the daily sale proceeds of fruit products from the salesmen and deposit the same in the local treasury. He was prosecuted for offences punishable under Sections 409 and 477A, I.P.C. alleging that during the period from 30th May, 1974 to 16th August, 1974, he received a total sum of Rs. 11,598.15 from the salesmen but failed to deposit the same in the treasury and created bogus and false treasury challan numbers recorded in the certificates in the cash books and made it appear as if the same had been deposited. The trial Court acquitted him holding that the Treasury Officer, PW-12 has not produced the original register of deposits and that he admittedly said that he did not look into the subsidiary register to verify whether or not the allegedly defalcated amount has been deposited before issuing the certificate regarding these deposits.

2. The State preferred an appeal challenging the order of acquittal and the High Court having considered the entire evidence on record as also the plea taken by the accused,