M.M.VAHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 7th day of August 2019 The appellant herein challenges the conviction and sentence against him under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and also under Sections 420, 465 and 471 IPC in C.C.No.58 of 2008 of the Special Court (Vigilance), Thiruvananthapuram. He was an Assistant Geologist in the Mining and Geology Department in Kollam District from 4.9.97 to 28.3.2001. He faced trial before the learned trial Judge on the allegation that he received an amount of Rs.5,000/- as royalty from one Abdul Salam for permission to quarry 500 tons of ordinary sand from his property, and also another amount of Rs.100/- for the Office Peon, and issued a false permit in his capacity as Assistant Geologist without remitting the amount of royalty at the Office, he thus misappropriated the said amount in breach of the trust reposed on him by the applicant, and thus made unlawful gain by abusing his position as public servant.

(2.) The Deputy Superintendent of Police attached to the Kollam Unit of the Vigilance and Anti Corruption Bureau(VACB) registered the crime on the basis of a report of enquiry made by an Officer of the VACB, and after investigation the VACB submitted final report in Court.

(3.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. The prosecution examined 16 witnesses, and proved Exts.P1 to P28 documents in the trial court. When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances. He did not adduce any evidence in defence.