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2016 Supreme(Ker) 483

B.KEMAL PASHA
P. P. MOHANAN – Appellant
Versus
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent


Advocates Appeared:
For the Appellant : SRI. P.VIJAYA BHANU, SRI. P.M.RAFIQ ADVS.
For the Respondent: SMT. HYMA.

JUDGMENT :

The appellant is the accused in C.C.No.18 of 2003 of the court of the Enquiry Commissioner and Special Judge, Kozhikode, who stands convicted under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988 and Section 409 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default to undergo rigorous imprisonment for six more months under Section 13(2) read with Section 13(1)(c) of the PC Act, further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three more months under Section 409 IPC.

2. The petitioner was working as the Village Officer, Menhannium Village, during the period from 18.01.2000 to 15.03.2000. The petitioner, who was a public servant allegedly abused his official position and committed criminal misconduct by dishonestly and fraudulently misappropriating a total amount of Rs.55,371/-. He had allegedly collected an amount of Rs.3,621/- from PW2 by way of revenue recovery towards contribution of KAWWF, Rs.45,000/- from PW1, being instalment of building tax of commercial building and an amount of Rs.6














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