STATE OF KERALA Vs. RETNAMMA

JUDGEMENT

(1.) This is an appeal filed by the State challenging the acquittal of the accused. Originally the accused was convicted by the Judicial First Class Magistrate, Neyyattinkara, but the same was set aside by the appellate court. This is being challenged in this appeal.

(2.) The accused was working as an assistant in the Savings Bank Section of the Kanjiramkulalm Sub-Post Office from 1-4-1980 to 6-7-1980. The case against the accused is that on 26-5-1980 with the intention to commit breach of trust she falsified accounts of Kanjiramkulam Sub-Post Office and misappropriated an amount of Rs. 6100/- from the Savings Bank Account No. 762530. P.W. 2 was the account holder. P.W. 1, the Postal Inspector in the postal division, Neyyattinkara found out the misappropriation and reported the matter to the police. The police registered a case as crime No. 82 of 1982 on the basis of that report. P.W. 11, the Sub Inspector of Police, Kanjiramkulam conducted preliminary investigation and laid the charge sheet before court.

(3.) The Trial Court found that the accused falsified the account and committed breach of trust and misappropriated the amount. The lower appellate court also considered the evidence in detail and concurred with the finding of fact regarding the misappropriation of the amount and the falsification of the account. However, it was held that there was no sanction for prosecution and the Trial Court was not competent to take cognizance of the offence in view of S.197 Cr. PC. So the only point that arises for consideration is whether prior sanction for prosecution was necessary or not. Admittedly the accused was a permanent public servant not removable from the office except by or with the sanction of the Government. The only other point involved in this case is whether the offence committed by the accused was done in the discharge of her official duty and that there was any reasonable connection between the act and the official function of the accused.