JUDGMENT :

RAKESH SAKSENA, J.

1. Appellant has filed this appeal against the judgment dated 23rd July, 2000 passed by Special Judge/Ist Additional Sessions Judge, Jabalpur in Special Criminal Case No. 3/1995 convicting him under section 409 of the Indian Penal Code and section 5(1)(c) read with section 5(2) of the Prevention of Corruption Act, 1947/section 13(1)(c)read with section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to rigorous imprisonment for 2 years with fine of Rs. 10,000/- and rigorous imprisonment for 2 years with fine of Rs. 10,000/- on each count respectively. Both the sentences have been directed to run concurrently.

2. According to prosecution, on 14-2-1983 and before, appellant was posted as Sub-Engineer in Receipt Sub-division of Rani Awanti Bai, Sagar Project. In discharge of his duties as a public servant, he dishonestly misappropriated the property of the store worth Rs. 34,762.69 and obtained pecuniary advantage, thus, committed criminal breach of trust and criminal misconduct punishable under section 409, Indian Penal Code and secti