G DASAPPA Vs. STATE BY POLICE INSPECTOR

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction dated 12.04.2010 passed by the learned Principal Session Judge, Chitradurga in Special Case (P.C.A.) No.1/2007 convicting the accused under S.409 IPC r/w Ss.13 (1)(c) and 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act') and sentencing him to undergo simple imprisonment for a period of 3 years and 2 months and pay fine amount of Rs. 50,000/-, in default, to undergo simple imprisonment for a further period of 9 months, by giving setoff to the period of detention already undergone.

(2.) The case of the prosecution in brief is that, during the financial year 2004-05, i.e., for the period from 6.1.2004 to 5.7.2004, the accused was working as a Secretary, Nannivala Grama Panchayat (for short 'Panchayat'), in Chellakere Taluk and thus, a public servant, within the meaning of S.2(c) of the Act. As per Rule 38 of Karnataka Panchayat Raj (Grama Panchayat Accounts & Budget) Rules, 1995, accused was entrusted the work of maintenance of accounts of the Panchayat and in between 1.4.2004 to 30.6.2004, accused collected the revenue from the public to the tune of Rs. 49,352/-, but, except remitting a paltry sum of Rs. 500/- to the account of Grama Panchayat on 30.4.2004, he did not remit the remaining huge revenue collection of Rs. 48,852/- to the Grama Panchayat account and used the said amount for himself and thus committed misappropriation of the said amount, which fact came to light during the course of audit of the books of accounts of the said Panchayat, conducted by PWs.5 to 7 for the financial year 2004-05 and when PW-7 gave the report to his higher up PW-6.

(3.) PW.11/M.N. Karibasavangowda, Police Inspector, Lok Ayuktha Police, Chitradurga, having received credible information, on 28.7.2006, that the accused being a public servant has misappropriated a sum of Rs. 48,852/- from the Panchayat revenue collection, registered a case in Crime No.12/2006 for the offences punishable under S.409 IPC and S.13(1)(c) r/w 13(2) of the Act and lodged FIR/Ex.P14. PW-11, undertook and conducted the investigation, which was taken over by PW.12/G. Gurudutt, who filed the charge sheet.