STATE OF KERALA Vs. S.SURENDRAN

JUDGEMENT

(1.) The State is the appellant. The appeal is directed against the judgment of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram in the case C.C. No. 24/2001 by which that court acquitted the sole accused in the case of the offences punishable under Section 13(1)(c) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and under Sections 409, 468 and 477A of the Indian Penal Code.

(2.) The respondent in the appeal is the accused in the case. He shall be hereinafter referred to as the accused.

(3.) The prosecution case is as follows: The accused was the Depot Manager, Hantex Bhavan, Thiruvananthapuram for the period from 31.07.1991 to 16.12.1993. During the period from 08.09.1992 to 14.04.1993, the accused made false vouchers under the pretext of supplying textiles and readymade garments to the District Collectorate, Thiruvananthapuram for flood relief and mass contact programme. There was no order for supply of the materials issued from the Collectorate. The accused had also not obtained any sanction from the Head Office or the Regional Office of the Hantex for supply of the materials. Thus, he abused his official position as a public servant and committed criminal breach of trust in respect of textiles and readymade garments worth Rs.65,203.85/-. The accused also falsified the accounts and temporarily misappropriated Rs.1,186/- out of Rs.1886/- which was received by him on 05.10.1993 from the Office Assistant of the Carmal Girls High School, Thiruvananthapuram and he misappropriated the balance amount of Rs.700/-.