C.K. RARICHAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Sections 409 and 420 IPC, and also under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act) in C.C.No.27/2011 of the Special Court (SPE/CBI), Thiruvananthapuram. He was the Manager of the Ranni Branch of the Oriental Insurance Company during January to November, 2006. He faced trial at the instance of the Central Bureau of Investigation (CBI) on the allegation that during the said period, he accepted money from various vehicle owners, including one N.S.Mathai, one Sugathan and one Abdul Majeed for issuing insurance policies with respect to their vehilces, he misappropriated the amount, issued bogus hand-written policies to them without remitting the amount in the account of the Insurance Company, and thus, the accused cheated the vehicle owners and also made unlawful gain by abusing his position as a public servant.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him. The prosecution examined eighteen witnesses and proved Exts.P1 to P57 documents. The MO1 rubber seal of the Oriental Insurance Company, Ranni Branch, seized from the house of the accused, was also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.15,000/- under Section 409 IPC and to undergo another term of simple imprisonment for one year each under Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the PC Act and also under Section 420 IPC. Aggrieved by the judgment of conviction dated 7.7.2012, the accused has come up in appeal.