K.O.JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in CC No.8/2003 on the files of the Enquiry Commissioner and Special Judge, Thrissur is the appellant herein.

(2.) Prosecution alleged that the appellant while holding the office of the range officer, Social Forestry, Perumbavoor during 1985, submitted vouchers for an amount of Rs.2,45,536.09/- for planting Accassia saplings over an extent of 16.134 Hectares and the money was received by him. The estimated cost of work was quantified as Rs.98,591.11/-. It was alleged that the accused committed criminal misconduct and fraudulently misappropriated a sum of Rs.1,46,944.98/-. It was also alleged that he had forged and falsified several documents and vouchers, and thereby committed the above offence. It was further alleged that the accused comitted offences punishable under section 5 (1) (c) and 5 (1) (d) read with section 5 (2) of the Prevention of Corruption Act and under sections 409 , 468 and 477A of the Indian Penal Code. After investigation, final report was laid. Accused appeared before the court below, pleaded not guilty and contested the proceedings.

(3.) On the side of the prosecution, PWs 1 to PW 23 were examined. Exts.P1 to P94 were marked. Ext.X1 was marked as Court Exhibit. There was no defence evidence. On an appreciation of the available materials, the Enquiry Commissioner and Special Judge found the accused guilty, convicted and sentenced him to RI for three years and a fine of Rs. 50,000/- with default sentence of six months for offence punishable under Section 5 (1) (c) and section 5 (1) (d) of PC Act , 1947. Similar sentences were awarded for offences under Sections 409 , 468 and 477A IPC. No separate sentence was awarded for the offences under section 471 of IPC.