PUNDALIK RAMCHANDRA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by accused No.3 in Special Case No.7 of 2002, and is directed against Judgment dated 27-2-2008 of the learned Special Judge, Panaji, by which he has been convicted and sentenced under Sections 409 and 477A, I.P.C. and Section 13(2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. Accused No.3 has been acquitted under Sections 120-B. Accused Nos.1 and 2 have been acquitted under Sections 120-B, 409, 477-A I.P.C. and Section 13(1)(c) (d) of Prevention of Corruption Act, 1988.

(2.) The accused No.3/Shri Pundalik R. Khot (hereinafter referred to as A3) was a Phone Mechanic while accused No.1/ Shri Keshav Naik was the Senior Telecom Office Assistant, working as a cashier and accused No.2/Shri Hemant Shirole was also a Senior Telecom Office Assistant, but was in charge of the Department Telegraph Office at Mapusa.

(3.) The allegation against them was that for the period from 25-2-1998 to 21-12-1998, all the accused entered into a criminal conspiracy with the object of misappropriating Telecom revenue to the tune of Rs.92,000/- which was paid by 31 subscribers towards advance deposit for new telephone connections and Rs.5,040/- which was paid by 12 telephone subscribers towards their telephone bills and in pursuance of the said criminal conspiracy, all the accused dishonestly and fraudulently misappropriated the said amount by falsifying the accounts of the Department Office at Mapusa, and thereby caused undue pecuniary gain to themselves and corresponding loss to the department and also abused their official positions as public servants and entered into a criminal conspiracy with the object of misappropriating Government funds.