S JAYASEELAN Vs. STATE

JUDGEMENT

(1.) Jayaseelan, the appellant, aggrieved by the judgment rendered by the Special Court convicting and sentencing him to undergo rigorous imprisonment for two years and a fine of Rs. 500/- for offence under Section 409, I.P.C., two years' rigorous imprisonment for offence under Section 477-A, I.P.C. and one year rigorous imprisonment and a fine of Rs. 1,000/- for offence under Section 5(2) read with 5(1)(c) of the Prevention of Corruption Act, has preferred this appeal.

(2.) The gravamen of the charges is that during the period between 1987-1988, the appellant being a Cashier in Indian Overseas Bank, Sedhuvalai Branch, who was entrusted with the money of Rs. 32,552/- by the loanees by way of repayment, committed criminal breach of trust in respect of the said amount by not crediting the same in the loan accounts, even though the appellant made relevant entries in the passbooks kept by the loanees.

(3.) To prove the above charges under Sections 409 and 477-A, I.P.C. and Section 5(2) read with 5(1)(c) of the Prevention of Corruption Act, the prosecution examined P.W.1 to P.W.11 and filed Exs. P1 to P78. Ultimately, the appellant was convicted for the above offences.