A N BABY CASTRO Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the first accused in C.C.No. 16 of 2004 of the Special Court (Vigilance), Kozhikode. He was a Nurse (Grade-II) attached to the Government Homeo Hospital, Anchukunnu, during July, 1992 to August, 1997. He, along with one Bhaskaran faced trial before the court below under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (PC Act), and also under Sections 201, 409, 406 and 120B IPC on the allegation that as part of a conspiracy hatched by them to siphon off money from the accounts of the Anchukunnu Homeo Hospital Development Authority, deposited in the account of the Anchukunnu Homeo Hospital, the first accused created a false voucher showing purchase of furniture for the Hospital, and by using this voucher, he forged a cheque for Rs.5,000/- in the name of the then Medical Officer Sri. Indirakshan Pillai, and he also collected the said amount with the help of the second accused, Bhaskaran. The alleged forgery and misappropriation was detected by the successor Medical Officer. In such a circumstance, a third party made complaint before the police alleging forgery and misappropriation from the funds of the Hospital Society. The crime was initially registered at the Vellamunda Police Station, and the FIR was later transferred to the Vigilance And Anti Corruption Bureau (VACB). After investigation, the VACB submitted final report in court against the two accused.

(2.) Both the accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them. Pending the trial, the second accused died, and the charge against him thus abated. The trial process continued against the first accused. The prosecution examined 17 witnesses, and proved Exts.P1 to P18 documents in the trial court.

(3.) The accused denied the incriminating circumstances, and pleaded innocence as regards the cheque in question when examined under Section 313 Cr.P.C.. He did not adduce any oral evidence, but Exts.D1 to D6 were marked on his side.