JUDGMENT :

B.K. Patel, J. - By the judgment and order dated 05.02.2007 passed by learned C.J.M., Jagatsinghpur in G.R. Case No. 120 of 1996 (Trial No. 42 of 2001), the Petitioner was convicted u/s 409 of the Indian Penal Code (for short the 'I.P.C') and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/- (Rupees five thousand), in default to undergo rigorous imprisonment for four months. In Criminal Appeal No. 3 of 2007 preferred by the Petitioner, while upholding the Petitioner's conviction u/s 409 of the I.P.C., the learned Additional Sessions Judge, Jagatsinghpur modified the sentence directing the Petitioner to undergo rigorous imprisonment for two years and pay a fine of Rs. 4,000/- (Rupees four thousand), in default to undergo rigorous imprisonment for three months. Being aggrieved, the Petitioner has preferred this revision.

2. The Petitioner was working as a postman of Nalibar Sub-Post Office. Case was registered by the Officer-ln-Charge of Tirtol Police Station and investigation was taken up by S.I. of Police P.W.13 on presentation of F.I.R. Ext.1 by informant P.W.2, the Postal Sub-Divisional Inspector, Kujanga. It was alle