ZAKEER HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment in C.C.No.7/09 dtd. 25/10/2013 on the files of Enquiry Commissioner and Special Judge, Thiruvananthapuram, is under challenge in this appeal at the instance of the sole accused in the said case.

(2.) Heard the learned counsel for the appellant/accused as well as the learned Special Public Prosecutor. Perused the impugned judgment as well as the decisions placed by both sides.

(3.) In this matter, the prosecution allegation is that the accused committed the offences punishable under Sec. 13(1)(c) r/w 13(2) of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short) as well as Ss. 409 and 420 of the Indian Penal Code ('IPC' for short). The precise allegation is that the accused, while working as Cashier in KSEB Sub Engineer's Office at Tholikkodu, during the period between 19/8/2002 and 9/7/2004, when entrusted with collection of electricity charges from the consumers of the said electricity office, had collected Rs.1,37,277.00 in between 23/1/2004 and 24/4/2004 by using provisional invoice receipt book No.40673, misappropriated the said sum without accounting the details of the amount collected as per the said receipt book in daily collection register and without remitting the same in the account of the KSEB.