1. - The accused-appellant was employed as a cashier in the Polytechnic Institution, Jodhpur run by the Government of Rajasthan, On internal checking it was revealed on May 28 1970 that an embezzlemeat of Rs. 3760/- was committed by the accused-appellant. On May, 30, 1970 the Principal of the Polytechnic, Jodhpur Shri S.N. Goyal (PW 1) lodged a report Ex, P 14 at Police Station, Sardarpura. Jodhpur, The Police after usual investigation submitted a challan against the accused in the Court of Additional Munsiff Magistrate No. 1, Jodhpur, who committed the accused to the Court of Sessions Judge, Jodhpur who transferred the same to the Court of Additional Sessions Judge No. 2, jodhpur. The appellant was tried by the learned Additional Sessions Judge No. 2, Jodhpur for offences under Section 409 and 477A IPC Prior to the date of conviction the accused deposited an amount of Rs. 3134,10 paisa as admitted by P.W.1 Shri S.N. Goyal. The learned Judge after taking into consideration the fact of payment of the amount and appreciating the evidence led by both the parties convicted the accused appellant under Section 109 IPC and sentenced him to two years' rigorous imprisonment and a f