P.N. MOHANAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE three appeals arose from the common judgment of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur in C.C No. 21/2002, C.C No. 22/2002 and C.C. No. 23/2002. The appellant is the same in the three appeals. He was a Peon in the Sub Register's office, Vazhoor during 1995 -1996. On the allegation that, he committed dishonest misappropriation of a huge amount of Rs. 92,225/ - from public funds, without making remittance in the Sub Treasury, as instructed and directed by the Sub Registrar, and that, for making the Sub Registrar believe that he had made remittance, he created false chalans showing remittance of the said amount of Rs. 92,225/ - the appellant faced prosecution on three final reports submitted by the Vigilance and Anti -Corruption Bureau (VACB), Kottayam before the trial court. The VACB registered a crime on the complaint of the then Sub Registrar, who detected the dishonest misappropriation and forgery committed by the Peon. As regards the misappropriation made from 7.7.1992 to 29.12.1992, the VACB submitted final report as 'A' charge on which the learned trial judge took cognizance as C.C. No. 21/2002, as regards the dishonest misappropriation committed during 21.10.1994 to 31.7.1995, the VACB submitted final report as 'B' charge on which the learned trial judge took cognizance as C.C No. 22/2002, and as regards the dishonest misappropriation committed during the period from 12.12.1995 to 30.8.1996, the VACB submitted final report as 'C' charge on which the learned trial court took cognizance as C.C No. 23/2002. The oral and documentary evidence in the three cases being common, the learned trial judge tried the three cases jointly, and common evidence was recorded.

(2.) THE accused appeared before the trial court in the three cases and pleaded not guilty to the charge framed against him under Sections 13(2) r/w 13(1(c) and 13(1)(d) of the Prevention of Corruption Act (for short 'the P.C Act') and under Sections 409, 465 and 471 of the Indian Penal Code.

(3.) ON conviction in C.C No. 21/2002, the accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 15,000/ - under Section 13(2) r/w 13(1)(c) and 13(1)(d) of the P.C Act, to undergo rigorous imprisonment for one year under Section 13(2) r/w 13(1)(d) of the P.C Act, to undergo rigorous imprisonment for one year under Section 409 of the Indian Penal Code, and to undergo rigorous imprisonment for three months each under Sections 465 and 471 of the Indian Penal Code.