CHAGLA, C.J.:- The accused was charged with having committed an offence under Section 409, Penal Code, in that in January 1951 while being in charge of the villages Harchori and Road Khandkar as a talati he committed criminal breach of trust in respect of Rs.101-6-0 by dishonestly misappropriating the amount and he failed to credit this amount into the Ratnagiri Sub-Treasury by 5-1-1951. The learned Judicial Magistrate, First Class, Ratnagiri, convicted the accused and sentenced him to one months simple imprisonment and a fine of Rs.100, in default simple imprisonment for 15 days.

The accused appealed to the Sessions Judge, Ratnagiri, and the learned Sessions Judge acquitted the accused on the preliminary ground that inasmuch as the accused was prosecuted without a sanction, the trial of the accused was bad and the order of conviction cannot stand. The State has come in appeal against the order of acquittal passed by the learned Sessions Judge.

2. The view taken by the Sessions Judge following a decision of this Court is that inasmuch as the facts disclosed by the prosecution constituted an offence both under Section 409, Penal Code, and also under Section 5 (2), Prevention