STATE OF KERALA Vs. S RAMACHANDRAN

JUDGEMENT

(1.) The State is aggrieved that the Special Court for trial of cases under the Prevention of Corruption Act, Kozhikode, has acquitted the respondent of the charge under Section 5(2) r/w. Section 5(1)(c ) and (d) of the P.C. Act as also the offence under Sections 403 and 409 of the I.P.C.

(2.) The prosecution alleged that the accused, while working as Headmaster in the Tharakan High School, Angadippuram, during the period 27.5.1983 and 26.6.1984 and as such being a public servant, committed criminal misconduct and abused his official position as public servant and obtained undue pecuniary advantage by misappropriating an amount of Rs.2,876.16 from the Special Fee Account of the aforesaid school by withdrawing a sum of Rs.17,050/- between the period 22.6.1983 to 31.3.1984 and by spending only a sum of Rs.14,173.84 between the period from 6.10.1983 to 31.2.1984.

(3.) The learned Public Prosecutor submits that the trial court took a perverse decision in accepting the evidence of DW5 and that the finding that his evidence is believable in the absence of an effort on the part of the Prosecutor to confront him with the case diary statement is absolutely unjustified. It is also pointed out that DW5 is an unworthy witness and that no reliance could have been placed on his evidence.