THANKAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein was the Junior Superintendent of Thazhakkara Grama Panchayat from 10.12.1996 to 15.11.1998. She had additional charge of the Secretary of the Panchayat from 10.8.1996 to 15.11.1998. During the said period some amount was allotted to the Panchayat, by the District Labour Officer, Alappuzha as pension for the agricultural workers. On the allegation that from out of the said amount, the accused appropriated an amount of 2,100/- under false vouchers in the name of seven agricultural workers, she faced prosecution before the learned Enquiry Commissioner and Special Judge (Vigilance), Kottayam in C.C No.1/2008, under Sections 409, 468 and 471 of the IPC and also under Sections 13 (2) r/w 13(1)(c) of the Prevention of Corruption Act (for short 'the P.C Act).

(2.) The accused appeared before the trial court and pleaded not guilty to the charge framed against her under Sections 409, 468 and 471 of the Indian Penal Code and under Section 13(2) r/w 13(1)(c) of the P.C Act.

(3.) The prosecution examined 19 witnesses during trial and marked Exts.P1 to P64 documents. Exts.X1 and X2 were also marked during trial. When examined under Section 313 Cr.P.C the accused denied the incriminating circumstances, and submitted that she had not appropriated any amount from the agricultural workers' pension, and that the whole amount was disbursed to the concerned persons or the legal heirs, under proper vouchers. In defence the accused examined three witnesses, including the then President of the Grama Panchayat. On an appreciation of the evidence, the learned trial judge found the accused guilty. On conviction, she was sentenced to under go simple imprisonment for a period of one year each under Sections 409, 468 and 471 of the IPC and under Section 13(2) r/w 13(1) (c) of the P.C Act by judgment dated 31.1.2009. Aggrieved by the said judgment of conviction, the accused has come up in appeal.