SURESH KAIT, J.

1. Vide the instant Appeal, the appellant has challenged the judgment dated 13.02.2004, whereby the appellant has been held guilty and convicted for the offence punishable under Sections 365/395 of Indian Penal Code.

2. The appellant has also assailed the order on sentence dated 17.02.2004, whereby he was sentenced to undergo RI for a period of five years and also to pay a fine of Rs.25,000/- and in default of payment, he shall further undergo SI for one year for the offence under Section 365 of Indian Penal Code. He is further sentenced to undergo RI for a period of five years and also to pay a fine of Rs.25,000/-and in default of payment, he shall further undergo SI for one year for the offence under Section 395 of Indian Penal Code.

3. Both the sentences were directed to run concurrently. Benefit of Section 428 Cr.P.C. also extended to the appellant.

4. Brief facts of the prosecution are that on 17.03.1997, one Suresh Chand Arora was travelling in his FIAT Car bearing No.DEC-9496. He was doing a job of selling of wholesale lottery tickets from his house. He has a servant, namely, Harender. He used to purchase the lottery tickets from Deepak Agency,