(1.) Multiple important legal questions arise in this appeal. Conviction and sentence imposed by the Court of Enquiry Commissioner and Special Judge, Thrissur on the appellant under Sections 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, "the Act") and also under Sections 409, 465, 471 and 477A of the Indian Penal Code (in short, "I.P.C.") are assailed in this appeal. Shorn of unnecessary details, the prosecution case is that the accused while working as Upper Division Clerk (UDC) at Town Employment Exchange, Pala on 23.10.1990 and 15.01.1991 misappropriated Rs. 1,440/- and Rs. 2,640/- (a total sum of Rs. 4,080/-) by committing criminal breach of trust, using forged documents and by falsifying accounts. The accused thereby committed criminal misconduct by fraudulent and dishonest misappropriation of money.
(2.) Heard Shri Binoy Thomas, learned counsel for the accused/appellant and Shri K.K. Rajeev, learned Public Prosecutor. I have carefully gone through the detailed notes of arguments submitted by both sides.
(3.) Apart from the factual questions, touching upon the sustainability of conviction and sentence, the learned counsel for the appellant urged following legal questions for consideration:
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