ENOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused in C.C.No.14/2005 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short 'the court below'), challenging the judgment dtd. 02/11/2009, convicting and sentencing him under Ss. 13(2) r/w 13(1)(c) of the Prevention of Corruption Act (for short, 'the PC Act') and Ss. 409, 465, 468, 471 and 477-A of the Indian Penal Code (for short, 'the IPC').

(2.) The accused was working as L.D.Clerk on deputation in the Directorate of Higher Secondary Education, Thiruvananthapuram. Admittedly, his nature of work includes the disbursement of cash, withdrawal and deposit of cash in the Treasury. An amount of ?5,90,000/- was sanctioned for the examination wing of the Directorate of Higher Secondary Education. The said amount was withdrawn through the A-Sec. wherein the accused was working as L.D.Clerk and handed over to D-Sec. . The D-Sec. returned unused portion of the amount of ?74,789/- to the A-Sec. and entrusted with the accused on 03. /10/1998. The prosecution allegation is that, the accused misappropriated the said amount and retained it with him till 02/04/2002 by making false entry in the Cash Book so as to appear that the said amount was remitted in the Treasury on 03/10/1998 itself. It is further alleged that for the said purpose, he forged Ext.P6 challan and used the same as genuine with the dishonest intention to cause loss to the Government.

(3.) On the side of the prosecution, PW's 1 to 13 were examined and Exts. P1 to P24 were marked. On the side of the defence, DW1 was examined. After trial, the court below found the accused guilty under Ss. 13(2) r/w 13(1)(c) of the PC Act and Ss. 409, 465, 468, 471 and 477A of the IPC and convicted him for the said offences. He was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of ?1,000/- in default to suffer rigorous imprisonment for a period of two months for the offences under Sec. 13(1)(c) r/w 13(2) of the P.C.Act, rigorous imprisonment for a period of one year and to pay a fine of ?1,000/- and in default to suffer rigorous imprisonment for two months for the offence under Sec. 409 of the IPC, rigorous imprisonment for a period of one year for the offence under Sec. 465 of the IPC, rigorous imprisonment for a period of one year, to pay a fine of ?1,000/-, in default to suffer rigorous imprisonment for two months for the offence under Sec. 468 of the IPC, rigorous imprisonment for a period of one year, to pay a fine of ?1,000/-, in default to suffer rigorous imprisonment for two months for the offence under Sec. 471 of the IPC and rigorous imprisonment for a period of one year for the offence under Sec. 477-A of the IPC. Challenging the conviction and sentence the accused has preferred this Appeal.