RADHA PISHARASSIAR AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) These Appeals are directed against the judgment and order dated 10th August, 2005 by the High Court of Kerala in Criminal Appeals. The Appeals arising out of SLP(Crl.) Nos. 5705/2005, 5744/2005 and 5858/2005 are preferred by accused Nos. 4 to 7. The Appeals arising out of SLP(Crl.) Nos. 4683/2006, 4687/2006 and 4684/2006 are preferred by the State.

(3.) Accused Nos. 1 to 10 were charged with the offence under Sections 409, 468, 471, 477A and 120B, Indian Penal Code. The accused were also charged under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 (in short Rs. the Act). They were convicted by the Trial Court and Appeals were confirmed by the High Court. The allegation against them are that they have encashed the T.A. Bills for an amount of Rs.51,24,500/-, the amount funded for the Indian Population Project (I.P.P.), Idukki on the basis of fake allotment letters, preparing false acquittal rolls and made false entries in the books and receipts and misappropriated a sum of Rs.50,07,405/- and in furtherance to the criminal conspiracy with the dishonest intentions, fraudulently misappropriated the said sum and thereby committed criminal breach of trust, falsification of acts of forgery for the purpose of cheating and knowingly used forged documents as genuine and thereby committed the offence punishable under the aforesaid sections.