JUDGMENT :

SASHIKANTA MISHRA, J.

In the present revision the petitioner challenges order dated 23.12.2002 passed by Additional Sessions Judge, Malkangiri in Criminal Appeal No. 31 of 1999, whereby the order of conviction and sentence passed by learned C.J.M., Malkangiri in G.R. case No. 317 of 2019 on 22.09.1995 was confirmed. By the said judgment, the trial court had convicted the petitioner accused for the offence under section 409 of IPC and sentenced him to imprisonment for 29 days.

2. The prosecution case, in a nutshell, is that the Divisional Forest Officer, Jeypore (KL) Division lodged an FIR before the Officer-in-charge of Orkel Police Station alleging that as per the audit report it was found that the petitioner while posted as the Range Officer, Balimela K.L. Range had misappropriated cash of rupees 4,52,491 .99. It was stated that he was entrusted with different amounts on different dates in advance for expenditure of Kendu leaves production, transportation, drying and storage etc. Basing on such report, investigation was taken up and charge sheet was submitted under section 409 of IPC.

The accused took the plea of denial during trial, wherein prosecution examined 13 witn