M.K. ANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 409 IPC in C.C. No.238/2000 of the Chief Judicial Magistrate Court, Pathanamthitta. He was a postal assistant of the Kaippattoor Post Office during 1993-1996. He faced prosecution in the court below under Sections 406, 409 and 420 IPC on the allegation that misusing his position as Postal Assistant, he committed dishonest misappropriation of an amount of Rs. 1,600/- from the post office funds on different dates in between 14.6.1995 and 5.10.1995. The police registered the crime on the complaint made by the Assistant Superintendent of Postal Sub Division, Pathanamthitta, and after investigation, submitted final report in court. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him.

(2.) The prosecution examined five witnesses, and proved Exts.P1 to P8 documents in the trial court. The accused denied the incriminating circumstances, and projected a defence that he had not in fact misappropriated any amount from the public funds. In defence, he examined DW1, and also proved Ext.D1 document.

(3.) On an appreciation of the evidence, the trial court found the accused not guilty under Sections 406 and 420 IPC, and accordingly, he was acquitted of those offences, but he was found guilty under Section 409 IPC by the trial court. On conviction, he was sentenced to undergo simple imprisonment for six months, and to pay a fine of Rs. 2,000/-. Aggrieved by the judgment of conviction dated 9.6.2003, the accused approached the Court of Session, Pathanamthitta with Crl.A. No.221/2003. In appeal, the learned Additional Sessions Judge (Adhoc)-I confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.