JUDGMENT

V. Gopalaswamy, J. - This appeal is preferred against the judgment dated 8.6.1982 passed by the Special Judge, Vigilance, Sambalpur, in T.R. Case No. 13 of 1981, convicting the accused-appellant under section 5(1)(c) read with section 5(2) of the Prevention of Corruption Act and sentencing him there under to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-, in default, to undergo rigorous imprisonment for six months. The appellant was convicted under section 409, I.P.C. as well, but no separate sentence was imposed thereunder.

2. The prosecution case may be briefly stated as follows: The accused was the Range Officer of the Kendu Leaves Division, Keonjhar, during the period from January, 1973 to May, 1974 and in his capacity as such Range Officer he was in charge of collection and processing of Kendu leaves. During the relevant period though the accused held collected and processed Kendu leaves of a total quantity of 2,960 bags and had shown expenditure for the same, yet from the receipt books it was noticed that the accused had given delivery of only 2,906 bags of processed Kendu leaves. Hence it was found that the accused, in his capacity as th