AJIT KUMAR SENGUPTA, J, J.

( 1 ) THIS appeal is directed against the order of conviction and sentence of the appellant under S. 409 of the Indian Penal Code. The appellant was sentenced to suffer imprisonment for a period of one year and to pay a fine of Rs. 1,000/- in default, further rigorous imprisonment for three months. Two specific charges were framed-one under S. 409 of the Indian Penal Code for criminal breach of trust and the other under S. 5 (1) (c) read with S. 5 (2) of the Prevention of Corruption Act. The prosecution, however, did not press the second charge and, accordingly, it was expunged by the order of the learned Special Court dated 29/04/1975. The case therefore, proceeded under S. 409 of the Indian Penal Code.

( 2 ) SHORTLY, the case of the prosecution is that Jitendra Nath Bose, the accused was the Head Cashier of the Calcutta State Transport Corporation, Lake Depot, Calcutta. He is a public servant within the meaning of S. 21 (22) of the Indian Penal Code. He was in charge of the C. S. T. C. cash and the case was of three sorts. namely, (1) Main or General Cash comprised by the daily collections hereafter referred to as the Corporation Cash, (2) Co-operative

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