N KISHAN RAO Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused was prosecuted in C.C. No. 8 of 1993 on the file of the Special Judge for C.B.I. Cases, Hyderabad, for the offences punishable under Sections 409 and 477-A I.P.C. and under Section 13 (1) (c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988. On evidence, the learned Judge found that the prosecution has been able to connect the accused with the crime and therefore proceeded to convict him and sentence him to suffer R.I. for one year and to pay a fine of Rs. 500/- in default to undergo S.I. for one month of the offence punishable under Section 409 I.P.C. and under Section 13(1) (c) and (d) read with Section 13(2) of the Prevention of Corruption Act 1988. He was further convicted and sentenced to suffer R.I for one year of an offence punishable under Section 477-A, I.P.C. The substantive sentences were made to run concurrently. The total fine imposed upon the accused- appellant was Rs. 500/-.

(2.) Aggrieved by the aforesaid order of conviction and sentence, the accused- appellant has approached this Court in appeal on various grounds as set out in the appeal memorandum.

(3.) The prosecution case can briefly be narrated as follows: The Inspector of Police, C.B.I. Hyderabad, filed a charge sheet against the accused for the offences punishable under Sections 409 and 477-A I.P.C. and under Section 13(1)(c) and (d) read with Section 13(2) of Prevention of Corruption Act, 1988 with an averment that the accused is a public servant. He is working as Cashier-cum-U.D.C. in the Central Ground Water Board, Division No. IX, Hyderabad from 24-3-1983 to 4-6-1989. His functions include disbursement of pay and allowances to the employees as per the bills, acquaintance rolls and obtaining their signatures, maintenance of Registers such as subsidiary cash book, main cash book, register of cheques issued, receipt books, acquaintance rolls, recording of entries in the relevant registers and maintenance of upto date accounts etc.