( 1 ) THE appellant Amarendra Nath Roy was convicted under s. 409, I. P. C. by a Special Judge, West Bengal First Special Court, Alipore, and sentenced to R. I. for one year and a fine of Rs. 1000/-and in default to R. I. for three months more.

( 2 ) THE State Transport Department of the Government of West Bengal has an office at P. 11 Mission Row Extension. It has also another office known as the Lake Depot and started on 1-4-1950. From the very inception of the Lake Depot the present appellant was working as the Depot Cashier there. Prior to that he was working as Depot Cashier at the Mission Row Office. The case for the prosecution briefly is that all collections of the Lake Depot are sent by the Head Depot Cashier, Suhrid Kumar Bose, p. w. 1, through some of his Depot Cashiers in an armed van of the Transport Department from the Lake Depot for depositing in the iron safe meant exclusively for the cash from the Lake Depot and that the present appellant Amarendra who though attached to the Lake Depot, was really in charge of that iron safe kept at the Mission Row Extension office for deposit of the cash sent from the Lake Depot Office and as such was entrusted with