SABU G. Vs. STATE OF KERALA

JUDGEMENT

(1.) 2nd accused in C.C.No.1/2009 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram has filed this Criminal Appeal under Sec. 27 of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) r/w Sec. 374 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.' hereinafter), challenging conviction and sentence imposed against him in the said case dtd. 4/7/2013.

(2.) Heard the learned counsel for the appellant/2 nd accused as well as the learned Public Prosecutor, in detail. Perused the records.

(3.) The prosecution case is that the 1st accused, being a public servant, employed as Lower Division Clerk and later Upper Division Clerk in the Agricultural Income Tax and Sales Tax Office, Thiruvananthapuram during the period from 4/1/1997 to 12/4/1999, held additional charge of tapal distribution works and being the custodian of all office seals since 4/1/1997, by corrupt or illegal means or otherwise, abused his official position as such a public servant, he entered into conspiracy with 2 nd and 3rd accused and in furtherance of the said conspiracy, the 1 st accused forged two Non- Liability Certificates, one in his name and another in the name of one 'Sajeevkumar.P.D.', who is a fictitious person falsely stating that 'Sajeevkumar P.D.' was working with the 1st accused, and the 3rd accused Ajayakumar impersonated as 'Sajeevkumar P.D.' and the 2 nd accused knowingly used those forged Employment Certificates/Non- Liability Certificates as genuine and applied for a loan of Rs.30,000.00 (Rupees Thirty Thousand only) from the District Co-operative Bank, Nandancode Branch, and subsequently, the 1st accused prepared forged confirmation letters and the 2nd accused obtained Rs.30,000.00 (Rupees Thirty Thousand only) from the Bank on 9/3/1998 on the surety of the 1 st accused and the 3rd accused, who had impersonated as 'Sajeevkumar P.D.' and accused Nos.1 to 3 thereby cheated the Bank and obtained undue pecuniary advantage of the said sum. On the above basis, the prosecution alleges commission of offences punishable under Ss. 468, 471, 419, 420 and 120B of the Indian Penal Code as well as Sec. 13(1)(d) r/w 13(2) of the PC Act, 1988, by accused Nos.1 to 3.