JUDGMENT :

1. This appeal is directed against the judgment dated 29.09.2018 passed by the Court of learned Special Judge Anti-Corruption (CBI) Cases, Srinagar (hereinafter referred to as ‘the trial court’) whereby the appellant has been convicted for commission of offences under Section under Section 420, 409 RPC and 5(2) read with 5(1) (c) &(d) of the Prevention of Corruption Act, Samvat, 2006 and sentenced to simple imprisonment of two years for each offence and a consolidated fine of Rs.10,000/- and in the event of non-payment of fine within a period of 30 days, the same has been ordered to be realized from the estate of the appellant

2. The appellant has impugned the judgment on the ground that the prosecution has failed to prove that the appellant was entrusted with the job of cashier/clerk and as such, the appellant was not discharging his duty as public servant at relevant point of time. It is urged by the appellant that the learned trial court has not appreciated the evidence in its right perspective and has convicted the appellant despite the fact that the prosecution could not prove its case beyond reasonable doubt

3. Mr. Showkat Ali Khan, learned counsel appearing for the p