K SIVAN ATHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was charge-sheeted by the Deputy Superintendent of Police, Vigilance Division, Kozhikode, in C. C. Nos. 8 and 10 of 1980, before the Special Judge, Trichur for offences punishable under Section 5 (2) read with Sections 5 (1) and 5 (1) (d) of the Prevention of Corruption Act and Sections 468, 471 and 420 of the Indian Penal Code. In C. C. 8/80, there was only one charge; whereas there were three charges in C. C. 10 of 1980.

(2.) The prosecution case is as follows: The appellant was working as Lower Division Typist in the office of the Assistant Educational Officer, Nadapuram. In that capacity he committed misconduct by withdrawing amounts from the Sub-Treasury, Badagrra as loan amounts from the Kerala Aided School Employees Provident Fund in the names of various teachers by forging bills and connected records and thereby obtained pecuniary Advantage to himself by appropriating these amounts; The disputed bills are: Ext. P2 (a) dated 21. 2. 1971 for Rs 1,140/-, Ext. P12 (a) dated 18. 11. 1971 for Rs. 300/-, Ext. Plea) dated 21. 12. 1971 for Rs. 1,200/-, Ext. P3 (a) dated 22. 2 1972 for Rs. 2,000/- and Ext. P4 (a) dated 22. 2. 1972 for Rs. 1,500/ -. The first one is the subject-matter of C. C. S. of 1980 and the others are involved in C. C. 10 of 1980.

(3.) As per Ext. P1 (a) three teachers, namely P. W. 37 Govindan Nambiar, P. W. 39 Govinda Kurup and P. W. 38 Devaki Amma purported to have applied, for loan from-the Kerala Aided school Employees Provident Fund from which loans can be taken by the teachers who are subscribers to that fund. Papers were manipulated as if these three teachers applied for a loan of Rs. 1,200/ -. Ext. P2 (a) was manipulated as if P. W. 7 Kunhikrishna. Gurukkal, P. W. 8 Balakrishna Kurup and P. W. 9, Krishna Kurup allied for loans of Rs. 1,140/- from the said fund. Exts. P3 (a) and P4 (a) dated 22. 2. 1972 were in regard to the General Provident Fund laon. The purported applicants are P. W. 2 Chelakandy Manu, P. W. 22 Thottathil Kunjali, P. W. 32 Moidu, P. W. 24 Bala Krishna Kurup, P. W. 16 Moidu, P. W. 33, Abdul Rahiman, P. W. 34 Soopi, P. W. 35 Kunhamu and P. W. 20 P. Narayanan Nambiar. The amounts covered by these bills are Rs. 2,000 and Rs. 1,500/- respectively. Ext. P12 (a) bill for Rs. 360/- relates to an application by P. W. 42 A. Kunhi Krishnan. All the five items together covered an amount of Rs. 6,200/- on the whole. Two other items were also brought out in evidence. They are Rs. 1,200/- covered by Ext. P 10 (a) and Rs. 1,000/- covered by Ext. P11 (a). But, these two items are not covered by the, charge in either case.