JUDGMENT :

Shampa Dutt (Paul), J.

1. THE APPEAL :-

The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 27.07.2015 and 28.07.2015 respectively passed by the learned Judge, 5th Special Court, Asansol, Burdwan in Sessions Trial No.8 of 2013 arising out of Sessions case No.1 of 2013 thereby convicting the accused/appellant under Section 409 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a further period of three months.

2. THE PROSECUTION:-

i) That on 24.07.2012 one Lakshmi Narayan Dey, Assistant Superintendent of Posts, Asansol lodged a written complaint to the Officer-in-Charge, Hirapur Police Station alleging that accused Awadhesh Kumar Bhar was an employee of postal department as Postal Assistant, Burnpur Mukhya Dak Ghar. On 31.01.2011 he accepted a sum of Rs.10,000/- from Indu Bhusan Pathak having SB Account No.379632. On 20.1.2011 and on 3.6.2011 accepted a sum of Rs.5700/- from Shri Biman Bihari Mondal having SB Account No.376601 and subsequently on 15.2.2011 he accepted Rs.10,000/- from Sisir Kumar Mukherjee. He made