JUDGMENT :

1. Through the medium of above titled two appeals, the appellant has called in question judgment dated 05.09.2005 passed by the learned Special Judge Anti Corruption Jammu, whereby the appellant has been convicted of offence under Section 409 RPC and Section 5(2) of the J&K Prevention of Corruption Act and sentenced to rigorous imprisonment for one year in both the offences. In addition thereto, the appellant has also been sentenced to pay a fine of Rs. 1.00 lac for conviction under Section 5(2) of the J&K Prevention of Corruption Act.

2. As per the prosecution case, an enquiry was ordered by Deputy Commissioner Rajouri (PW-3) into the allegations made by the appellant/accused, who was working as a salesman with Cooperative Society, Darhal. The appellant/accused had alleged that he had paid an amount of Rs. 93070/-vide two receipts one for Rs. 53070/-and other for Rs. 38000/-to the Supervisor of the Society namely Sh. Mohd. Yaqeen (PW-6). Upon enquiry made by Assistant Commissioner, Development Rajouri, Sh. Iqbal Sadiq(PW-2), it was found that the two receipts had been tampered with and the appellant/accused had retained sale proceeds in respect of fertilizer and other con