ARIJIT PASAYAT, J.

( 1 ) PETITIONER assails his conviction u/ S. 411 of the Indian Penal Code, 1860 (in short the 'ipc') and sentence of three years rigorous imprisonment awarded by learned Subordinate Judge-cum-J. M. F. C. , Jeypore, and affirmed in appeal by learned Addl. Sessions Judge, Jeypore.

( 2 ) THE accusations which form the basis of trial are that certain records of judicial proceedings were found missing from the court of J. M. P. C. Umerkote, Koraput on 9-11-1982, by Typist-cum-Clerk in charge of general files (P. W. 1 ). On 20-11-1982, the Nazir (P. W. 2) on getting information that the records might be in the attache of petitioner proceeded to his own house where petitioner was temporarily staying, found attache was partially locked and on opening the unlocked side, found certain wearing apparels and case records. This inspection was done in the presence of some Advocates of Umerkote Bar. The attache was taken to the police station, and handed over to the in charge A. S. I. of Police (P. W. 5 ). Since there was no case pending, station diary entry was made, seizure list was prepared and the attache was handed back to P. W. 2. The Magistrate who was on leave on 20-11