LAWS(KER)-2025-10-87

BENNET T.C. Vs. STATE OF KERALA

Decided On October 17, 2025
Bennet T.C. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This appeal is at the instance of the accused in C.C.No.10/2004 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur, challenging conviction and sentence imposed against him in the said case, as per judgment dtd. 11/2/2011.

(2.) Heard the learned counsel for the appellant/accused as well as the learned Public Prosecutor. Also gone through the records of the Special Court and the decisions placed by the learned counsel for the appellant as well as the learned Public Prosecutor, in detail.

(3.) The prosecution case is that the accused, who was working as the Shop-in-Charge of Foreign Liquor Shop No. FL-1-III, Lissy Junction, Ernakulam, after being entrusted with an amount of Rs.5,52,549.00, along with other amounts collected by him, misappropriated Rs.5,52,549.00 by not remitting the same into the account of the Beverages Corporation, by falsifying the remittance records. On this premise, the prosecution alleges commission of offences punishable under Ss. 13(1)(c) and 13(1)(d)(ii) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) as well as under Ss. 409, 420 and 477A of the Indian Penal Code (for short, 'the IPC' hereinafter).