GOPALAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant in Criminal Appeal 349/59 is the 1st accused and the appellant in Criminal Appeal 352/59 is the 2nd accused in Criminal Case No.3/59 on the file of the Special Judge,Trivandrum.They were found guilty and convicted for the offence of Criminal Misconduct defined under S.5(1 )(c)of the Prevention of Corruption Act II of 1947(hereinafter referred to as the Act)and sentenced under S.5(2)of the Act to undergo rigorous imprisonment for 3 years each. The facts of the case may be briefly stated as follows: - -

(2.) THE two accused are Government servants.At all material times the 1st accused was the Block Development Officer of the N.E.S.Block at Mavelikara and he was in overall charge of the Block.The 2nd accused was said to be the Head -clerk of that office.That office had different sections dealing with the different kinds of activities of the development centre,such as the Industrial Section,the P.W.D.Section and the Social Education Organisation Section.Each of the sections were under a separate officer called the Extension Officer.Then there were the Gramasevaks or Village Welfare Officers who were to work in the villages.

(3.) AFTER the receipt of the machines,payment bills for the withdrawal of the loans were issued in the name of the various applicants.Though the bills had to be cashed by the applicants themselves the practice that was followed in the office was to get the bills endorsed in the names of either one or the other of the peons,P.Ws.35 and 36.The bills so endorsed were cashed by the peons and the money was entrusted to the second accused who was the Head -clerk of the office.After ascertaining that the money had been received by the 2nd accused,P.W.32 handed over the machines to the various applicants.After providing for the payment of the value of the machines to the company,there would be some petty cash to be returned to the parties and the 2nd accused paid the balance amounts to the parties.Out of the amounts drawn from the treasury,the amounts due for the cost of machines were kept by the office for remittance to the company.The money was however not paid to the company in spite of several demands made by the company both in writing and by personal representations to the two accused.The money was not brought to accounts also.Later the company suspected some foul play and filed a complaint before the Secretary,Anti corruption at Trivandrum.A case was then registered and investigated and the two accused were charged.