ORDER :

1. Appellant has filed this appeal challenging the judgment and order dated 11.10.1985 passed by the learned Special Judge, C.B.I., Rajasthan, Jaipur in Criminal Case No. 16/82, whereby appellant was convicted and sentenced for the offence(s) punishable under Sections 409 , 477 IPC and Sections 5 (1) (C) read with Section 5 (2) of Prevention of Corruption Act, 1947 as under:

All the sentences were ordered to run concurrently.

2. Facts of the case are that the accused appellant was posted as Sub post Master in Sub Post Office Bada Pradampura from June 1979 to December 1981. The case of the prosecution is that during this period the appellant committed embezzlement of Rs.12358.60/- as number of persons gave the amount to him for depositing the same in R.D. and saving accounts on various occasions but the appellant neither deposited the same nor made entry in the relevant books of the post office and committed criminal breach of trust. On that basis, Case Nos.16/82, 17/82 and 18/82 were registered against him. Vide order dated 26.09.1984, the case Nos.16/82, 17/82 and 18/82 were clubbed together. After completing the investigation, charge-sheet was filed against the appellant for the offence under Sections 409 , 477 IPC and Sections 5 (1) (C) read with Section 5 (2) of Prevention of Corruption Act, 1947.

3. After hearing the arguments, charges were framed against the appellant- Omendra Dutt Sharma for the offence under Sections 409 , 477 IPC and Sections 5 (1) (C) read with Section 5 (2) of Prevention of Corruption Act, 1947.

4. Accused appellant denied the charges levelled against him and claimed for trial.

5. In order to prove its case, prosecution examined 46 witnesses and produced 547 documents. Appellant was examined under Section 313 Code of Criminal Procedure, 1973. He produced receipts Ex.D1 to Ex.D4 in support of his case as documentary evidence. The learned trial court vide its judgment dated 11.10.1985 convicted and sentenced the appellant as indicated above. Hence, this appeal.

6. Learned counsel for the appellant submits that learned trial court wrongly convicted and sentenced the appellant under Sections 409 , 477 IPC and Sections 5 (1) (C) read with Section 5 (2) of Prevention of Corruption Act, 1947. Learned counsel for the appellant also submits that learned trial court had not read the prosecution evidence in right perspective. Learned counsel for the appellant also submits that he took the money from the depositors and deposited Rs.12850/- vide receipts Ex.D1 to Ex.D4. The depositors have already received the amount which was given by them to the appellant. Thus, there is no loss to any person. Learned counsel for the appellant also submits that appellant is about 70 years of age. He is facing the criminal case since the year 1979. He does not want to challenge the conviction of the appellant. So, while maintaining the conviction, substantive sentence awarded to him vide judgment impugned be set aside. He, in support of his submission, relied upon a judgment of this Court in case of Ram Lal v. The State of Rajasthan , 1982 (7) R.Cr.C., 120.

7. Learned Public Prosecutor did not serious