K.L. RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No. 280/1998 before the Judicial First Class Magistrate's Court -III, Palakkad. He was prosecuted for an offence punishable under Section 409 of the Indian Penal Code. The prosecution case against the petitioner as described in the Magistrate Court's judgment is as follows;

(2.) THE prosecution case is that, the accused was the Manager -in -charge of Maveli Store of Akathethara of the Civil Supplies Corporation of Kerala. He was entrusted with property for sale and he has dominion over the property in his capacity of the Manager (public servant) and in way of his business as merchant, he committed criminal breach of trust in respect of that property, of Rs. 17,108.37 in between the period of 22nd October 1997 and 27th November 1997.

(3.) THE contention of the petitioners is that there is no evidence regarding any ingredient of Section 409 of the Indian Penal Code. It is submitted that the prosecution has failed to prove any difference in stock. It is submitted that the conviction was based on the evidence of PW 3, the Manager (Inspection), who examined the accounts and submitted a report. The learned counsel for the petitioners points out that PW 3, the Manager (Inspection), who verified the accounts, himself admitted that he did not verify the stock to determine any shortage. According to the petitioners, the real culprit is PW 5, the Manager, and in order to shield him, the 1st petitioner has been made a scapegoat. The petitioners, therefore, argue for acquittal.