Short Note : 1. The applicant was a clerk in the Sub-Post Office of Neemuch. He challenged his conviction under section 409 IPC. Held: It is clear from the evidence given by Shanti Rajan Chakravarti (P.W. 4) and other witnesses examined in this case that in pursuance of a letter addressed by Chakravarti (P.W. 4) that the said amount of Rs.390 was not deposited by the applicant, came to the notice of postal authorities. No doubt the accused had acknowledged the receipt of the Pass Book vide Ex.P-3. When that is so, there was every reason that he should have accounted for the said sum of Rs.390 and made the necessary entries in the Post Office Savings Bank account also. All these facts, therefore, established beyond any reasonable doubt that the accused retained this amount of Rs.390 with him. Such a retention of this amount cannot be said to be innocent or lacking in dishonesty. This Court is therefore, of the view that in this case the Courts below were justified in concluding that the retention of this amount of Rs.390 from 23-6-1970 to 2-7-1970 was an act of dishonesty on the part of the accused. Sentence reduced. Revision partly allowed.