GYAN SUDHA MISRA, HARJIT SINGH BEDI
N. K. Illiyas – Appellant
Versus
State Of Kerala – Respondent
Judgment :
1. The appellant stands convicted for offences punishable under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and under Sections 409, 471 and 477A of the Indian Penal Code. The allegation is that while he was working as a Lower Division Clerk in the Office of the Deputy Superintendent of Police in the Vigilance Department, on the 6th of June, 1989, he had temporarily misappropriated an amount of `1,839/- being the telephone dues from 10th February, 1992 to 4th March, 1992 and that he had interpolated the records to show that the aforesaid amount had been remitted to the post office on the 10th of February, 1992, whereas the payment had actually been made in the post office on the 4th of March, 1992, that is after a delay of 21 days. The trial court and the High Court have, accordingly, convicted the appellant under Sections 13(1)(c) and 13(1)(d) and have directed him to undergo two years imprisonment and to pay a fine of `1,000/- and in default to undergo simple imprisonment for three months under Section 13(2) of the Act for the offences punishable under Section 3(1)(c) and (d) of the Act, six months rigorous imprisonment und
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