In this appeal filed under Sec. 374 (2) Cr.P.C. the appellant who was the first accused in

C.C. No. 16 of 1998 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, challenges the conviction entered and the sentence passed against him for offences punishable under Sec. 13 (2) read with Sec. 13 (1) (c) of the Prevention of Corruption Act, 1988 ( "the P.C. Act" for short) and Sec. 409 read with Sec. 34 I.P.C.

THE PROSECUTION CASE

2. The case of the prosecution can be summarised as follows:-

During the period from 1-9-1995 to 18-11-1996, A1 (Antony Cardoza) was the Managing Director and A2 (P. Prabhakaran Nair) was the Lower Division Accountant in the Keala State Handicapped Persons' Welfare Corporation ("the Corporation" for short) . A1 and A2, while employed in the Corporation as above were "public servants" within the meaning of Sec. 2 (c) of the P.C. Act. While so, on 18-5-1996 A1 and A2, in furtherance of their common intention to commit criminal misconduct and misappropriation , abused their official position and A1 misappropriated or otherwise converted a sum of ` 23,198/- entrusted to him and under his control as such public ser