ARAVINDAKSHAN NAIR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.A.No. 1402 of 2010 is the first accused in C.C.No. 18 of 2008 of the Special Court (Vigilance), Kottayam, and the appellant in Crl.A.No. 1513 of 2010 is the second accused therein. The two appellants challenge the conviction and sentence against them under Section 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (the PC Act), and also under Sections 409 and 477A read with Section 120B of the Indian Penal Code.

(2.) The prosecution case is that while working as the Block Development Officer and the Upper Division Clerk respectively of the Bharanikkavu Block Panchayat during 1989-1992, the two accused, as part of a criminal design hatched by them, converted a huge quantity of 53,328.5 kgs of rice worth Rs. 1,61,069.04/- meant for distribution to the beneficiaries and employees as part of the various construction works undertaken by the Block Panchayat under the J.R.Y. Scheme, to their own use, and thereby misappropriated an amount of Rs. 1,61,069.04/- by creating some accounts and vouchers showing distribution of rice to the beneficiaries. The crime in this case was registered at the Station House of the Vigilance and Anti-Corruption Bureau (VACB), Alappuzha, on the basis of an enquiry conducted by the VACB, and such an enquiry was conducted on the basis of a complaint filed by one Gangadharan alleging malpractice, misfeasance and misappropriation on the part of the Block Development Officer and the others involved in the construction works under the J.R.Y. Scheme. On preliminary enquiry, the VACB found some malpractices amounting to conversion of huge quantity of rice meant for the beneficiaries and employees under the Scheme. After investigation, the VACB submitted final report against five accused.

(3.) The accused Nos. 3 and 4 were the Village Extension Officers in the Bharanikkavu Block Panchayat during the relevant period, and the 5th accused was the Assistant Engineer attached to the Block Office, who had charge of supervision of the works under the J.R.Y. Scheme. Pending the trial process, the third accused died.