S. C. MOHAPATRA, J.

( 1 ) THIS is an appeal against acquittal of the respondent. The trial Court convicted the respondent under S. 409, Penal Code and the learned Sessions Judge, Mayurbhanj, acquitted him. The appellate judgment is assailed in this appeal.

( 2 ) THE respondent was charged under S. 409 of Penal Code for having committed criminal breach of trust of a gross sum of Rs. 5,220. 80 paise during the year 1975-76 between Dec. 1975 and Feb. 1976.

( 3 ) THE prosecution case, in brief, is that the respondent as Sarpanch took advance of a total sum of Rs. 3,180/- for repair of roads and Rs. 304/- for dewatering wells. He incorrectly entered into account a total sum of Rs. 1,330/- showing to have spent the same on various repair works and he could not account for the empty gamy bags whose price is Rs. 190/- and the ration cards whose price is Rs. 226. 80 paise.

( 4 ) THE trial Court held that the gunny bags were not entrusted to the respondent. The appellate Court has also held that the ration cards were not entrusted to the respondent.

( 5 ) THE respondent admitted entrustment of the advance of Rs. 3,180/- and Rs. 304/- and Rs. 1,330/- shown to have been spent. He took the