The present revision is directed against the judgment dated 19.05.2014, passed by learned Sessions Judge (Forest), Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction dated 16.03.2009 and order of sentence dated 20.03.2009, passed by learned Judicial Magistrate First Class, Court No. IV, Shimla, H.P. (learned trial Court) were partly upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned trial Court against the accused for the commission of an offence punishable under Section 409 of the Indian Penal Code (IPC). It was asserted that Gian Singh was posted as a Conductor in Himachal Road Transport Corporation (HRTC). Shimla–Shilaru bus developed a defect on 20.10.1993. It was taken to Shilaru after repair. The driver Ramesh Chand (PW-12) was directed to ply the bus from Manan to Shimla. The accused was directed to render services as a conductor on the bus. However, he did not reach Shilaru, and the driver Ramesh Chand (PW-12) brought the bus from Shilaru to Shimla without any passengers. Kedar Chand (PW-1) filed an application (Ext.PW-1/A) to this effect before the Regional Manager, HRTC, Tara Devi. Shyam Singh (PW-4) had issued a denomination box to the accused on 19.10.1993. The details of which were mentioned in way bill (Ext.PW-3/A). The tickets worth ₹7826.50 were not deposited by the accused till 17.08.1994.

Hence, an application (Ext.PW-6/B) was filed before the Police regarding the misappropriation of ₹7826.50. The Police registered the F.I.R (Ext.PA). Baldev Singh (PW-14) investigated the matter. He seized the tickets and currency notes from the accused vide memo (Ext.PW-9/A). He also seized the way bills vide memos (Ext.PW13/A, Ext.PW-14/A and Ext. PW-14/B). He put the currency notes and tickets in a cloth parcel and sealed the parcel with a seal impression ‘M’. He obtained a sample seal (Ext.PW-14/C) on a separate piece of cloth. He seized the duty abstract (Ext.PZ) and recorded the statements of witnesses as per their version. The Challan was prepared and presented before the Court after completion of the investigation.

The learned trial Court found sufficient reasons to summon the accused. When the accused appeared, he was charged with the commission of an offence under Section 409 of the IPC, to which he pleaded not guilty and claimed to be tried.

The prosecution examined fourteen witnesses to prove its case. Kedar Chand (PW-1) deputed Gian Singh on duty on the bus coming from Manan to Shimla. Roop Lal (PW-3) proved the waybills. Shyam Singh (PW-4) had issued the tickets to the accused. Ram Saran (PW-2), Inspector Bhajan Dev Negi (PW-5), and Sanjeev Kumar (PW-11) partly investigated the matter. Tilak Raj Gupta (PW-6) produced the waybills. Gopal Singh (PW-7) checked the register and verified that tickets worth ₹7826.50 were issued to the accused. Deep Ram (PW-8) proved that the bus coming from Manan to Shimla had no conductor. Kali Ram (PW-9) witnessed the recovery. Ravinder Sharma (PW-10) prepared the challan. Ramesh Chand (PW-12) was driving the bus coming from Manan. Gian Chand (PW-13) proved that the tickets were issued to the accused. Baldev Singh (PW-14) investigated the matter.

The accused, in his statement recorded under Section 313 of Cr.P.C., admitted that he was posted as a conductor in HRTC, and that he was deputed to bring the bus bearing registration No. HPS-6929 on 20.10.1993. He admitted that the bus was taken without a passenger and explained that the bus had developed a defect. He denied the rest of the prosecution's case and claimed that he was innocent and was falsely implicated. He did not produce any evidence in his defence.

The learned trial Court held that the statements of the prosecution witnesses corroborated each other. The oral testimonies