K. G. RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are preferred by the first and the second accused in C.C.No.09/2004(V.C.8/2000/EKM) of the Enquiry Commissioner & Special Judge, Thrissur for offences punishable under Sections 13 (1) (c) and 13 (1) (d) read with section 13 (2) of Prevention of Corruption Act, 1988 and also under sections 409 and 120B of IPC.

(2.) The first accused was the shop manager in-charge of the Kumbalam Maveli Store and the second accused was the helper employed there. The prosecution allegation was that, the above accused entered into criminal conspiracy with each other to misappropriate a sum of Rs.1,54,370.65 during the year 1998 by abusing their position as public servants by way of short remittance of sales amount and value of shortage of maveli and non maveli items. They, by abusing their position as public servant in a fraudulent manner, obtained pecuniary advantage of that amount. They also falsified the accounts and forged the documents with an intention to use it as genuine documents and committed the offences alleged by the prosecution.

(3.) Pursuant to the crime registered, investigation was conducted and final report was laid. Before the court below accused appeared and pleaded not guilty. On the side of the prosecution, PW1 to PW15 were examined and Exts.P1 to P64 were marked. There was no defence evidence. On the basis of the evidence let in by the prosecution, the court below found both the accused guilty of offences punishable under the PC Act as well as under the Indian Penal Code. They were imposed with sentences ranging upto two years and with fine. Aggrieved by the above conviction and sentence, the accused have preferred these appeals.