SATHYADEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in C.C.No.70 of 2000 of the Enquiry Commissioner and Special Judge, Thiruvananthapuram stood charged for offences punishable under sections 13(2) r/w 13(1)(d) and Section 15 of the Prevention of Corruption Act, 1988 and Sections 5(2) r/w 5(1)(d) and 5(3 A) of the PC Act , 1947 and sections 468 , 471 , 420 and 120B of the IPC along with accused Nos.2 to 5 who are the appellants therein.

(2.) First appellant was the former President of one Thazhava Panchayath Development Society and registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act , 1955, hereinafter referred as the 'TC Act'. Second and fifth accused were the former Village Industries Officers of the Kerala Khadi & Village Industries Board, Kollam and third and fourth accused were the former Co-operative inspectors of the above Board. Prosecution alleged that, appellant, after constituting the above sham society, posed himself as its President and fabricated records and various documents by forging the signatures of persons shown as Director Board Members of the said society, with the ulterior motive of obtaining undue pecuniary advantage and submitted applications in the name of the society before the Kerala Khadi Village Industries Board to avail loans and grant on the pretext of starting a washing soap manufacturing unit. It was further alleged that, he entered into a criminal conspiracy with accused Nos.2 to 5 who were the officers of the above Board, who abused their position as public servants prepared false reports, utilization certificates, check lists etc., to make it appear that the loan applications filed by the society were genuine and recommended loans and grants to the society. They allegedly enabled the first accused to obtain pecuniary advantage to the extent of Rs.1,66,000/- as loan and Rs.3,000/- as grant during the period 30.11.1983 to 31.12.1990.

(3.) On the basis of the complaint laid, crime was registered as Crime No.3/97 of VACB, Kollam Unit. After investigation, final report was laid. All the accused appeared and contested the proceedings. On the side of the prosecution, PWs.1 to 29 were examined and Exts.P1 to P32 were marked. On the side of the accused, there was no oral evidence, but, Exts.D1 to D9 were marked. Court below, on the basis of the available materials, found the first accused guilty of all the offences alleged against him, convicted and sentenced him to undergo RI for a term of one year each for each of the offences found under section 13(2) r/w 13(1)(d) of PC Act , 1988 and section 5(2) r/w 5(1)(d) of PC Act , 1947 and sections 468 , 471 and 420 of the Indian Penal Code. It was further provided that the above sentences shall run concurrently. The Court also found that, accused Nos.2 to 5 have not committed any offence and they were acquitted. The Court also found that, section 120B of the IPC was not established by the prosecution.