JUDGMENT

S.K. Sahoo, J. - The appellant Sachidananda Mishra faced trial in the Court of learned Special Judge, Vigilance, Sambalpur in T.R. Case No.61 of 1995 for offences punishable under sections 409, 468, 471, 477-A of the Indian Penal Code and section 13(1)(c) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereafter 1988 Act') on the accusation that he being employed as a Junior Horticulture Officer, Bolangir under the Government of Odisha and being a public servant abused his position as such, dishonestly or fraudulently misappropriated or otherwise converted a sum of Rs.19,047/- (rupees nineteen thousand forty seven only) entrusted to him or under his control or dominion to his own use and thereby committed criminal breach of trust and also forged certain vouchers intending that those would be used for the purpose of cheating and fraudulently or dishonestly used those documents as genuine and also altered certain Book Accounts Register with intent to defraud the employer Govt. of Odisha.

The learned trial Court vide impugned judgment and order dated 23.12.2006 though acquitted the appellant of the charge under section 477-A of the Indian Penal Code but found