About some decades ago, a Lower Division Clerk of Office of the Superintendent of Survey and Land records was brought to law on a complaint made by the Assistant Director of Survey and Land Records before the Sub Inspector of Police. As per the allegations in the complaint, appellant, while working as a Lower Division Clerk in the office of the Superintendent of Survey and Land Records, misappropriated Government fund by drawing excess amount from the treasury by preparing certain documents and claiming the amount from the treasury.

2. The allegation is that appellant has drawn excess amount than what is due to the employees and without disbursing the full amount, he misappropriated various amounts. A total amount to the tune of Rs.23,002/- over a period of about two years from February, 1998 to May, 1990 was misappropriated. FIR was registered at the local police station as Ext.P63 on 9.7.1990 and investigation commenced at the local police station. Thereafter the case was transferred to Vigilance Department, since it involved corruption by public servant. A preliminary enquiry was conducted by Vigilance Department and thereafter Ext.P65 FIR was registered on 13.8.1991.

3. Investigation continued for some time and on finding that as per the Government order, cases involving corruption of amounts less than 25,000/- can be investigated into by local police, the case was again re-transferred to the police station within which crime was originally registered. Investigation was continued by local police. Specimen handwriting was taken from the accused, It was sent for expert opinion. On completion of investigation, charge sheet was laid by Circle Inspector of Police of the local police station against appellant alleging offence under Sections 13(l)(c), 13 (2) of Prevention of Corruption Act ('P.C. Act' for short) and Sections 409 and 477(A) of Indian Penal Code ('IPC for short).

4. The court below found that a single charge was laid in respect of a period of two years from 1998 to May 1990. Hence, a direction was issued to file a split charge. Charge was split into three and three separate charges were laid against appellant. Thus, three cases were instituted Evidence was adduced in all the three cases. Joint trial was held. PW1 to PW13 were examined and Ext.PI to P76 were marked on the side of prosecution. Accused did not adduce any evidence. The court questioned the accused u/s. 313 Cr.P.C., while he disclosed he is innocent, he was made to answer for the irregularity committed by his higher officials.

5. Appellant was tried by learned Enquiry Commissioner and Special Judge ('Special Judge' for short) and it was found that he committed offence u/s 13(l)(c) and 13(2) of Prevention of Corruption Act (herein after referred to as 'PC Act'). However, he was acquitted of offences u/s 409 and 477 (A) 1PC holding that prosecution miserably failed to prove the ingredients of the said offences. According to trial court, the evidence of witnesses as well as documents, proved beyond reasonable doubt, that while accused was working as Lower Division Clerk in the office of Survey and Land Records and as such being a public servant dishonestly and fraudulently by corrupt and illegal means had drawn excess amount than the actual amount by way of salary and leave surrender of the members of staff and misappropriated that amount and caused loss to the Government.

6. The appellant was convicted and sentenced u/s.!3(l) (c) and 13(2) of the Act to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,0007- and in default to undergo Rigorous Imprisonment for three months for the offence under section 13(2) r/w section 13(1)(c) of the Prevention of Corruption Act, 1988. Set off, if any, was allowed under section 428 Cr.P.C. The accused was found not guilty under sections 409 and 477(A) of the Indian Penal Code and he is acquitted under section 248(1) Cr.P.C of the above offences.

7. In all the three cases, same sentence was imposed,