S P MEIAPPAN Vs. STATE

JUDGEMENT

(1.) THESE Criminal Appeals are directed against the judgment and conviction of the accused 1 and 2 for the offences under Section 120-B r/w.409 IPC and under Section 13(1)(c) r/w. 13(2) and 13(1)(d) r/w. Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced under Section 120-B IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/= i.e., to undergo three months rigorous imprisonment, under Section 409 IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/= i.e., to undergo three months rigorous imprisonment, under Section 13(1)c) r/w. Section 13(2) of the Prevention of Corruption Act, 1988 to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/= i.e., to undergo three months rigorous imprisonment and under Section 13(1)(d) r/w.13(2) of the Prevention of Corruption Act to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/= i.e., to undergo three months rigorous imprisonment. The above sentences of imprisonment shall run concurrently.

(2.) THE brief facts of the case are as follows:-

(3.) LEARNED senior counsel would also contend that Exs.P.7 and P.13 letters given by A.1 were obtained under coercion and threat that unless he gives such letters and repay the money, a Police complaint would be made which will result in stopping the marriage of his daughter which was scheduled within few days. If the accused was threatened to give such letter viz., Exs.P.7 and P.13 under coercion and threat, he should have preferred a complaint that he was being threatened to do so, but on the other hand, the accused has not agitated against the alleged threat and coercion. Moreover, when the accused was confronted with the missing money from the currency chest, he had no other option, but to give Exs.P.7 and P.17 letters admitting his misappropriation and therefore he has repaid the money as seen from the records. Therefore, as far as Section 409 IPC and Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act is concerned in view of the admission made by A.1, the offences alleged against him under these sections are held to be proved.