K. VIJAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The same accused in C.C.Nos.6/2000 to 11/2000,18/2000 to 20/2000, 24/2000 to 29/2000, 41/2000 to 50/2000 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram is the appellant in the above cases. The appellant in all these cases was charge sheeted by the Deputy Superintendent of Police, VACB, Alappuzha in VC.1/94/ALP of VACB, Alappuzha under section 13(1)(c) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act') and sections 409, 468 and 471 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that the accused while working as the Employment Officer, Town Employment Exchange, Cherthala during 12.2.1992 to 9.7.1992, was entrusted with the amounts payable to unemployed persons (hereinafter called 'the beneficiaries') on 20.3.1992, 28.3.1992 and 6.4.1992 and he had with the dishonest intention, fraudulently created 74 false vouchers in the name of fake persons for an amount of Rs.800/ - each, using the same as genuine documents, as a public servant dishonestly and fraudulently misappropriated the amounts covered by the above vouchers namely 74x800=Rs.59200/ - and thereby he had committed the offence punishable under section 13(1)(c) read with section 13(2) of the P.C.Act, 1988 and sections 409 and 471 and 468 of the Indian Penal Code.

(3.) After investigation, twenty file split charges have been filed in respect of three vouchers each before the Enquiry Commissioner and Special Judge, Thhiruvananthapuram and the Special Judge had taken cognizance of the cases on the basis of split charges in respect of voucher numbers Exts.P2 to P4 as C.C.No.6/2000, Exts.P38 to P48 as C.C.No.7/2000, Exts. P41 to P43 as C.C.No.8/2000, Exts.P44 to P46 as C.C.No.9/2000 and Ext.P47 to P49 as C.C.No.10/2000, Exts.P50 to P52 as C.C.No 11/2000, Exts.P53 to P55 as C.C.No.18/2000, Exts.P56 to P58 as C.C.No.19/2000, Exts.P59 to P61 as C.C.No.20/2000 and Ext.P62 to P64 as C.C.No.24/2000, Exts.P65 to P67 as C.C.No.25/2000, Exts.P68 to P70 as C.C.No.26/2000, Exts.P71 to P73 as C.C.No.27/2000 and Exts.P74 to P76 as C.C.No.28/2000 and Exts.P77 to 79 as C.C.No.29/2000, Exts.P80 to P82 as C.C.No.41/2000, Exts.P83 to P85 as C.C.No.42/2000, Exts.P86 to P88 as C.C.No.43/2000, Exts.P89 to P91 as C.C.No.44/2000, Exts.P92 to P96 as C.C.No.45/2000, Exts.P96 to P99 as C.C.No.46/2000, Exts.P100 to 102 as C.C.No.47/2000, Ext.P103 to P105 as C.C.48/2000, Exts.106 to P108 as C.C.No.49/2000 and Ext.P109 and P110 as C.C.No.50/2000.