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2023 Supreme(Ker) 467

KAUSER EDAPPAGATH
T. Augustine – Appellant
Versus
Vigilance and Anti-Corruption Bureau and Northern Village, Kozhikode – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.G. Rajendran.
For the Respondent: S. Rekha.

JUDGMENT :

KAUSER EDAPPAGATH, J.

1. This appeal has been filed by the accused in CC No. 40/2003 on the files of the Enquiry Commissioner and Special Judge, Kozhikode (for short 'the court below') challenging the judgment dated 31st March, 2010 convicting and sentencing him under section 13(2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (for short, the PC Act) and Sections 409, 467 r/w 471 and 477A of the Indian Penal Code (IPC).

2. The accused was working as Senior Assistant holding charge of Disbursement Clerk in Kerala State Road Transport Corporation (KSRTC), Kozhikode Unit during 1998-1999. The prosecution case in short is that the accused while working so during the period from 10/8/1998 to 11/8/1999 fraudulently and dishonestly misappropriated an amount of Rs. 1,61,229/- by forging the signatures of various staffs and pensioners and by fabricating the bills and office records.

3. After trial, the court below found the accused guilty and convicted and sentenced him to undergo rigorous imprisonment for two years each and to pay a total fine of Rs. 1,62,000/- in default to suffer rigorous imprisonment for six months for the offences under Section 13(2) r/w Section

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