Bhattacharjee, J.:- The accused-appellant has been convicted by the learned Sessions Judge of Sikkim under S.409, I. P. C. on his alleged plea of guilty and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rupees two hundred and in default to undergo rigorous imprisonment for six months more.

2. The case for the prosecution appears to be that the accused was posted as a Conductor to Bus No. SKM 1467 of Sikkim Nationalised Transport during the month of Nov., 1976 and that in such capacity the accused collected a sum of Rs. 2,826.60p. on account of freight and fare but misappropriated the said amount. Shri Tempo Rapgyal, Transport Officer of the Sikkim Nationalised Transport lodged a written report to that effect with the Officer-in-charge, Sadar Police Station, on 16-2-77 and on the basis of this report the case was registered. During the course of investigation it was revealed that the accused had been appointed as a Conductor under the Sikkim Nationalised Transport and was attached to the said Bus No. SKM 1467 and that during the month of Nov., 1976, the accused had to deposit a sum of Rs. 2,826.60p. which the accused had realised from the passeng