Point of Law: Court should not normally take upon itself the responsibility of comparing the disputed signature with that of the admitted signature or handwriting and in the event of the slightest doubt, leave the matter to the wisdom of experts.

JUDGMENT :

These appeals arise from the judgment dated 30.06.2007 in C.C.No.26/2002 passed by the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The appellant in Crl.Appeal No.1276/2007 is accused No.1. Accused No.2 is the appellant in Crl.Appeal No.1363/2007. Crl.Appeal No.1308/2007 has been filed by accused No.3. The three accused face charges under Section 13(2) r/w Section 13(1)(d) of the PC Act, 1988 and Sections 409, 477-A and 420 r/w Section 120 B of the Indian Penal Code.

2. The trial Court convicted accused Nos.1 to 3 for the offences alleged and sentenced accused No.1 to undergo rigorous imprisonment for a term of two years and accused Nos. 2 and 3 to undergo rigorous imprisonment for a term of one year each.

3. During the pendency of these appeals, accused No. 2 died. The near relatives of accused No.2 filed Crl. M.A. No.6811/2015 seeking permission to prosecute the appeal. As per the order dated 01.07.2020, this Court allowed Crl. M.A. No.6811/2015 and the legal heirs of accused No.2 were permitted to prosecute the appeal. They were also impleaded as additional appellants 2 to 4 in Crl Appeal No.1363/2007.

4. The prosecution case, as described by the trial Court in the impugned judgment, is extracted below:-

“2. ... A1 was working as Junior Employment Officer from 12.10.1987 to 16.4.1992 and A2 was working as UD Clerk from 1986 to 1991 in the Town Employment Exchange, Neyyattinkara and as such they were public servants. A3 is a private person who had registered his name in the Neyyattinkara Town Employment Exchange as No.8393/82 dated 29.11.1982 under the “Kerala Unemployment Assistance and Self Employment Scheme 1982”. The registration of third accused was due for renewal in November 1987 but his registration was not renewed either in November 1987 or during the grace period allowed for such renewal. Accused 1 and 2 in their capacity as Junior Employment Officer and UD Clerk of Neyyattinkara Town Employment Exchange entered into a criminal conspiracy with third accused and by corrupt or illegal means or by otherwise abusing their position as such public servants prepared and issued a duplicate registration card to third accused on 4.7.1988 which enabled third accused to obtain unemployment assistance under the “Kerala Unemployment Assistance and Self Employment Scheme 1982” to the extent of Rs.3,070/-during the period from 27.02.1989 to 15.6.1994. Accused 1 and 2 being entrusted with or having dominion over Government money under the “Kerala Unemployment Assistance and Self Employment Scheme 1982”committed criminal breach of trust in respect of the said amount which was disbursed to third accused in pursuance of the said conspiracy and they also willfully and with intent to defraud the Government prepared and issued a false duplicate identity card to third accused on 4.07.1988 on which date there was no live registration on account of the non renewal of his employment registration card and for issuing such duplicate identity card, accused 1 and 2 made false entries in the records of the Neyyattinkara Employment Exchange and A3, who was ineligible to get unemployment assistance under the above scheme, obtained the said sum of Rs.3,070/-and thereby accused 1 to 3 have committed offences under Ss.13(2) r/w 13(1)(d) of P.C Act, 1988 and Ss.409, 477-A and 120-B of I.P.C.

3. A preliminary enquiry was conducted by VACB Thiruvananthapuram Unit and it was revealed that A3 had registered his name in the Employment Exchange and he had to renew his registration during November 1987 and as he did not renew his registration, it had lapsed and he became ineligible to receive unemployment assistance and on 4.07.1988, accused 1 and 2 by misusing their official position issued a duplicate card to third accused and on the basis of the said duplicate identity card , a sum of Rs.3,070/-was paid to third accused during the period between 27.02.1989 to 15.6.1994 as unemployment assistance and thus A3 gained pecuniary advantage to