JUDGMENT

Lort-Williams, J. - The appellant, Major Robert Stuart Wauchope, O.B.E., Indian Army, has bean convicted by the Chief Presidency Magistrate of criminal breach of trust u/s 409, I.P.C., in respect of two sums of Rs. 1,500 each alleged to have been received by him on 4th March and 1st July 1929, respectively, from the Government of the Nizam of Hyderabad, in his official capacity as officer in charge of No 6 Survey Party of the Government of India, with headquarters at Bangalore and field headquarters at Secunderabad, and sentenced to six months' imprisonment and a fine of Rs. 1,000 on each of two counts, the sentences of imprisonment to run concurrently.

2. The appellant is the son of the late Col. Wauchope, C.B., C.M.G., C.I.E., of the Survey of India, and is an officer of 27 years' standing. He joined the army in 1906, and was appointed to the Survey of India in 1910. Between 1914 and 1921 he was again employed on military duty, during which period he was appointed Assistant Director of Works at Waziristan, was mentioned in despatches, and received the honour of the O.B.E., in recognition of his services. In 1921 he returned to the Survey of India and later became officer i