P.P. MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in C.C.No.18 of 2003 of the court of the Enquiry Commissioner and Special Judge, Kozhikode, who stands convicted under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988 and Section 409 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of

(2.) ,000/-, in default to undergo rigorous imprisonment for six more months under Section 13(2) read with Section 13(1)(c) of the PC Act, further sentenced to undergo rigorous imprisonment for one year and to pay a fine of 1,000/-, in default to undergo rigorous imprisonment for three more months under Section 409 IPC. 2. The petitioner was working as the Village Officer, Menhannium Village, during the period from 18.01.2000 to 15.03.2000. The petitioner, who was a public servant allegedly abused his official position and committed criminal misconduct by dishonestly and fraudulently misappropriating a total amount of 55,371/-. He had allegedly collected an amount of 3,621/- from PW2 by way of revenue recovery towards contribution of KAWWF, 45,000/- from PW1, being instalment of building tax of commercial building and an amount of 6,750/- from PW3, being the instalment of building tax of commercial building, by issuing post dated receipts without making corresponding entries in the cash book of the Village Office. It is alleged that without remitting the said amount of 55,371/- collected by him as aforesaid in the Treasury/Bank, he committed criminal breach of trust by misappropriating the said amount, which amounted to criminal misconduct within the meaning of Section 13(1) (c) of the PC Act.

(3.) From 01.03.2000 onwards, the accused was on medical leave and consequently, PW4, who was the then Village Assistant was put in charge of the Village Officer. Then, PW4 had to handle the receipt book of the Village Office. He could see the counter foil of the receipts, by which, the accused had collected the aforesaid amount of 55,371/-. On verification of the cash book, he could trace out that the said amount collected through receipts issued to PWs.1 to 3, were not entered in the cash book. Over and above the said amount, an amount of 40,000/- had also to be remitted. Immediately, he reported the matter to the Tahsildar, Koyilandy, through Ext.P9 report. On 28.02.2000 as well as 29.02.2000, the accused was on medical leave. On the previous day to the date on which the accused was on medical leave, one of the relatives of the accused had informed PW4 that the accused had sustained injuries on a fall and he was hospitalized. PW4 sent PW21 Village Man and one Pradeepan, who was the sweeper, to the hospital to meet the accused. The accused handed over an amount of 40,000/- to PW21 and thereafter, on getting that amount, PW4 entered it in the cash book.