JUDGMENT

Shampa Dutt (Paul), J. - The appeal The appeal is against the judgment and order dated 12.02.1998 passed by the Ld. Additional Sessions Judge, 1st Special Court, Bankura convicting the appellant for commission of offence punishable under Section 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 500 in default to suffer rigorous imprisonment for 6 months more.

2. Prosecution case Amar Kumar Mandal, Sub-divisional Inspector, Postal, Bankura, North Sub-division, lodged a FIR with Officer-in-charge, Barjora Police Station on 06.08.1990 to the effect that on departmental inquiry the appellant while working as Extra Departmental Branch Postmaster of Dadhimukha E.D.B.O. (Extra Departmental Branch Office) accepted on 07.07.1989 being the amount of premium for the months of February, 1989 to June, 1989 including defaulting surcharge from the depositor of Dadhimukha 5 years R.D.A/c. No.10827. The appellant made entry of the deposit in the said R.D. Pass Book with date stamp impression and manuscript dates and also put his dated initial but did not credit the said amount to the account of the Post Office either on t