Short Note : 1. Appellant Laxminarayan Khare has been convicted of an offence punishable 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. He has been sentenced to undergo a sentence of one year on each count and has further been sentenced to pay a fine of Rs. 2,000/- for each of the two counts. The jail sentences are to run concurrently. 2. At all material times Khare was a Sub-Post Master in the sub post office Dhanpuri within the jurisdiction of Shahdol Head Post Office The appellant was a Sub-Post Master from 19-11-1969 to 20-5-70. He handed over charge to A. P. Singh (PW. 2) Dhanpuri Post Office was double hand post office. It had only a postal clerk and a sub post master to work there. During the relevant time N.P Gupta (PW. 4) was the postal clerk. Gupta was on leave from 2-4-70 to 22-5-70. It is also not disputed that during this period the appellant worked single handed. According to the prosecution defalcation took place during this period. Held: The appellant was asked to hand over charge when the Department found that he was not sending the required reports. At the time of charge they found that the most of the account books were not written. On the basis of vouchers accounts were constructed R. A. Pandit (PW. 8) Assistant Superintendent of Post Offices, Bilaspur stated that the accounts for period from 1-5-70 to 20-5-70 were constructed by him. The appellant does not deny this position. I, however, see a serious lacuna in the prosecution case here. The original receipts and vouchers on the basis of which the account was constructed have not been produced by' the prosecution. In the absence of the original vouchers it is difficult to judge the correctness of the account constructed by Shri Pandit. Moreover, such account cannot be admissible in evidence, being not made in course or business. The constructed record cannot form the basis of conviction, unless the basis, namely the vouchers are tendered an evidence However, the accused appellant seems to have admitted a shortage of Rs. 4,000/-. He has also given in writing Ex. P-21 in which be admitted that there was a shortage which he would make good As regards Ex. The constructed record cannot form the basis of conviction, unless the basis, namely the vouchers are tendered an evidence However, the accused appellant seems to have admitted a shortage of Rs. 4,000/-. He has also given in writing Ex. P-21 in which be admitted that there was a shortage which he would make good As regards Ex. P-21, again I find that the document tendered is only a part of it and not the whole document. We do not know that is contained in the other part. The admission made in Ex. P-21 may be subject to something stated earlier. The admission is in the following terms:- "I admit that there is a shortage of Rs. 4297.39 p. (Rs. four thousand two hundred ninety seven and paise thirty-nine only) which I will make good, the storage within 3 days as the amount is large is not possible for me to make good the shortage today or tomorrow. I will definitely make good the shortage of Rs. four thousand two hundred ninety seven and paise thirty-nine before 5 p.m. on 9th June 1970" 3. The appellant has admitted this document in his examination under section 364 of Code of Criminal Procedure. If he had to explain anything about this document, he had an opportunity of doing so. Beside" this ad mission the appellant has admitted in answer to question No. 13 that there was a shortage of Rs. 4,000. 4. I would, therefore, hold on the basis of the above admissions that the prosecution has succeeded in proving the shortage of about Rs. 4,000. The admission necessarily implies that the accused-appellant had been entrusted with the amount of Rs. 4,000, which is found short. This shortage, the accused-appellant had not been able to account for till today and I, therefore do not see any escape from the conclusion that he had mis-appropriated the same, Appeal party allowed. Sentence of fine quashed.