The judgment establishes the requirement of sufficient evidence to establish criminal liability and the need for sanction for prosecution under the relevant legal provisions.

1. Criminal Appeal No. 84 of 1988 was filed by the first accused and the other three appeals by the second accused. They are the common accused in three cases tried by the Enquiry Commissioner and Special Judge, Trichur. Cases are C.C. Nos. 6, 7 and 8 of 1986. The three cases were jointly tried. Evidence was recorded in C.C. No.6 of 1986. All the three cases were disposed of by a common judgment. Offences involved are those under S.409 and 477A of the Indian Penal Code and S.5 (1) (c) of the Prevention of Corruption Act. Both of them were convicted for all the offences. Altogether, each of them was sentenced on the aggregate to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 22,350/- with a default sentence of simple imprisonment for a further period of nine months and fifteen days.

2. The offences relate to three periods ranging from 26-11-1981 to 9-6-1983. In C. C. No. 8 of 1986, the offence involved is only under S.5 (1) (c) of the Prevention of Corruption Act. Amount involved is Rs. 534/-. First accused was the Lay Secretary-cum-Treasurer and second accused was the Clerical Attender in the Government Hospital, Chavakkad. The prosecution case in C. C. No. 8 of 1986 is that in furtherance of their common intention, they committed criminal misconduct by committing criminal breach of trust in relation to Rs. 534/-received as rent for the rooms in Kerala Hospital Research and Welfare Society (KHRWS) pay ward from 26-11-1981 to 11-1-1982. The cash receipts are Ext. P5 series issued by the second accused. No corresponding entries are there in Ext. P3 cash book. In the other cash books, Ext. P9 series, also these amounts were not credited or accounted.

3. C.C. No. 7 of 1986 concerns Rs. 10,689.96 paise received in the same manner between 30-12-1982 and 9-6-1983. C. C. No. 6 of 1986 is for offences punishable under S.409 and 477A of the Indian Penal Code and S.5(1) (c) of the Prevention of Corruption Act. The total amount, which is the subject of misappropriation in that case, is Rs. 37, 500/-. That is amount short accounted on 9-1-1983. The further allegation in this case is that the entry in Ext. P3 cash book was falsified on that day. Prosecution in C. C. No. 6 of 1986 is with the aid of S.34 of the Indian Penal Code.

4. Second accused practically admitted having committed all the offences. His defence is that he was only acting at the direction of the first accused who is superior officer. The defence of the first accused is that he has absolutely no involvement and he was never in charge of the cash or accounts concerning the KHWRS pay ward. Though he admitted that he was the Lay Secretary-cum-Treasurer during the relevant period, he would say that he was in charge of the cash in the hospital alone.

5. The prosecution examined 17 witnesses and 3 defence witnesses were examined by the first accused. Second accused had no evidence. The prosecution documents are Exts. P1 to P25. Ext. D1 is the solitary defence document. Ext. XI, XI (a) and X2 are also practically defence documents produced and proved by DW 1.

6. It is amply proved by the prosecution evidence and it is also admitted that during the period in question first accused was the Lay Secretary-cum-Treasurer and the second accused was the Clerical Attender in the hospital. Ext. P2 is the copy of G.O (Ms) No. 147/63 dated 25-2-1963 dealing with the delegation of powers of the Lay Secretary. KHRWS pay ward is run by a co-operative society having a separate establishment. The pay wards are attached to Government hospitals. Collection of rent is through the concerned employees of the respective hospitals. Lay Secretary is the custodian of the cash and accounts. The person in charge of collection must hand over cash and accounts every evening to the Lay Secretary. Lay Secretary must verify the accounts under his seal and initial in the cash book, receive the amount and keep it in his custody in the chest, and remit it by the week end in