RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the 2nd accused in C.C No.3 of 2001 of the Special Court (Enquiry Commissioner and Special Judge, Vigilance), Thiruvananthapuram. Three accused including the appellant herein faced prosecution in the said case under the provisions of the Prevention of Corruption Act, and also under Sections 120B, 468, 409 and 511 of I.P.C at the instance of the Vigilance and Anti- Corruption Bureau (VACB) Thiruvananthapuram. Pending trial, the 1st accused died, and thus the charge against him abated. The accused Nos.2 and 3 pleaded not guilty to the charge framed against them and claimed to be tried. The principal offender, as per the final report submitted by the VACB, is the 1st accused, and the accused Nos.2 and 3 were prosecuted as conspirators. The 1st accused was the Assistant Manager of the Kerala State Civil Supplies Corporation, District Depot, Valiyathura, the 2nd accused was the Senior Assistant at the Depot, and the 3rd accused was the Godown Helper. The prosecution case is that as part of a conspiracy made by the three accused in connection with unloading of 360 bags of red chilly procured from M/s. Swasthik Commercial Corporation Kochi, the 2nd accused created a false certificate showing that the whole 360 bags of red chilly were unloaded at Valiyathura whereas only 240 bags were in fact unloaded, and the remaining 120 bags were removed to the State Warehousing Corporation Godown, Chalai. By making use of this certificate, the unloading workers at Valiyathura could claim unloading charges for the entire quantity of 360 bags and thus the Civil Supplies Department lost some amount by way of labour charges. According to the prosecution, the whole mischief was done by the 1st accused, as the person having charge or control over the whole affairs, and the accused Nos.2 and 3 in fact helped him as conspirators. The accused pleaded not guilty to the charge framed against them under Sections 13 (2) read with 13 (1)(c) and 13 (1) (d) of the P.C Act, and also under Sections 468, 409 read with 511, I.P.C.

(2.) The prosecution examined 13 witnesses and also marked Exts.P1 to P25 documents. When examined under Section 313 Cr.P.C, the accused Nos.2 and 3 denied the incriminating circumstances and submitted that they were not in fact party to any conspiracy, and that they had not in fact helped or assisted the 1st accused in the alleged acts of offence. As regards Ext.P5 certificate, on which the prosecution mainly relies, the second accused submitted before the trial court that he happened to issue such a certificate as directed by the 1st accused, and it was not issued by him as part of any conspiracy. The accused did not adduce any evidence in defence. On an appreciation of the entire evidence, the trial court found the 3rd accused not guilty, but found the second accused guilty under sections 120B and 409 read with 511 I.PC read with Section 13 (2) of the P.C Act (for short " the P.C Act"). On conviction he was sentenced to undergo rigorous imprisonment for one year each under Sections 120B I.P.C, Section 409 read with 511 I.P.C and Section 13 (2) read with 13 (1) (d) of the P.C Act. He was also sentenced to pay a fine of 5000/- under Section 409 read with 511 I.P.C. He was acquitted of the offence under Section 468 I.P.C. Aggrieved by the said judgment of conviction dated 30.5.2007 in C.C No.3 of 2001, the second accused has come up in appeal.

(3.) On an examination of the entire evidence in this case, I find that the conviction against the appellant herein is baseless. It is not known how any of the accused was in fact benefited by the alleged transaction, or who was actually benefited. The whole prosecution is concerning 360 bags of red chilly procured by the Kerala State Civil Supplies Corporation from one M/s.Swasthik Commercial Corporation. The whole 360 bags of chilly were intended to be unloaded at the Valiyathura Depot, Kerala State Civil Supplies Corporation. The prosecution alleges that only 240 bags were in fact unloaded and the remaining 120 bags of red chilly were removed to the State Warehousing Corporation Godown at Chalai. The prosecution does not have a case that this quantity of 120 bags of chilly was in any manner appropriated or converted to his own use by any of the accused. All the 120 bags were found at the Warehousing Corporation Godown on physical verification. Thus, the prosecution cannot have a case that any of these accused had removed or converted to his own use any of the 120 bags of red chilly removed to the Warehousing Corporation Godown, or unloaded there. It appears that the prosecution case is this, that when only 240 bags were in fact unloaded at Valiyathura Deport, the accused Nos.1 and 2 made a false certificate showing the unloading of the whole 360 bags and so the unloading workers at Valiyathura could claim the unloading charges for the entire quantity of 360 bags, whereas only 240 bags were unloaded.