LAWS(KER)-2023-6-177

L.RAVINATHAN Vs. STATE OF KERALA

Decided On June 26, 2023
L.Ravinathan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal has been preferred by the accused in C.C.No.47/2008 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short 'the court below') challenging the judgment dtd. 30/9/2011, convicting and sentencing him under Ss. 13 (1)(c) and (d) read with 13(2) of the Prevention of Corruption Act (fort short 'the PC Act') and Sec. 409 of the Indian Penal Code (for short 'the IPC').

(2.) The prosecution case in short is that the accused while working as Junior Superintendent/Chief Ministerial Officer at Munsiff's Court, Nedumangad during the period from 4/9/2001 to 8/6/2006, dishonestly misappropriated a sum of ?2,20,000/- involved in O.S.No.335/2005 of the Munsiff's Court, Nedumangad, kept in the safe custody of the court and thereby committed the offence.

(3.) After trial, the Court below found the accused guilty and convicted and sentenced him to undergo rigorous imprisonment for one year each and to pay a fine of ?3,000/- each, in default to suffer rigorous imprisonment for three months each under Sec. 13(2) read with 13(1)(c) and 13(2) read with 13(1)(d) of the PC Act, to undergo rigorous imprisonment for one year and to pay a fine of ?1,000/-, in default to suffer rigorous imprisonment for two months under Sec. 409 of the IPC vide the impugned judgment. Challenging the said conviction and sentence, the accused has preferred this appeal.