K RAMACHANDRAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The appellant herein is the accused in C.C.No.198 of 1997 on the file of the learned Principal Special Judge for CBI Cases, Chennai and he stands convicted for the offences under Sections 409, 420 (19 counts), 477(A) of I.P.C. and Section 13(1)(c) & (d) r/w.13(2) of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for six months for each charge. (Total fine of Rs.2,300/-). Aggrieved by the said conviction and sentence, the appellant has preferred this criminal appeal.

(2.) The case of the prosecution, in brief, is as follows:- During the year 1994, the accused Ramachandran was functioning as a Senior Commercial Clerk in the office of the Chief Booking Supervisor, Southern Railway at Jolarpet. During that relevant period, the paper tickets were prepared in triplicate carbon copy and one copy would be given to the passenger and another copy would be given to the accounts section and the third copy would be retained in the book itself. The passengers entrusted the train fair to the accused. The accused entered the actual train fair in the passengers form but he has entered the lessor amount in the counter part. Similarly, from 19 passengers, he received the actual fair totally in a sum of Rs.8,542/- and out of that amount, he had shown in the counter part only a sum of Rs.1,645/- and remitted the said amount and misappropriated the balance amount of Rs.6,897/-. On 07.07.1995, as per the instructions of the Senior Officer, P.W.3 and his colleague proceeded to the Jolarpet railway station and also verified the records. On verification of records, it was found that on various dates, the accused had entered false account in the counter part and thereby misappropriated the amount as mentioned above. Then the accused has also admitted his guilt and mentioned that even on earlier occasion, he had committed the similar offence of misappropriation totally to the tune of Rs.1,00,000/- and he was prepared to repay the amount. The accused has given written acknowledgment under Ex.P.93 and also paid a sum of Rs.10,000/- on the same day i.e., on 07.07.1995 towards the part payment of misappropriated amount. (ii) P.W.11, the Inspector of Police, CBI, had registered a case against the accused and prepared the First Information Report Ex.P.110. P.W.12, the Inspector of Police, who took up further investigation in this case, had obtained the specimen signatures from the accused and sent the same to the Handwriting Expert Opinion for comparison. P.W.9, handwriting expert, also has given his opinion with the detailed reasons in Ex.P.103 series. P.W.12, the Investigating Officer, has also obtained the sanction order under Ex.P.1 from the competent authority and filed the final report against the accused.

(3.) In order to establish the case, the prosecution examined P.Ws.1 to 12; marked Exs.P.1 to P.110. The accused was questioned under Section 313 Cr.P.C. with regard to the incriminating circumstances and he denied his complicity. On behalf of the accused, D.Ws.1 to 4 were examined and Exs.D.1 to D.4 were marked.