The accused was convicted for misappropriating public funds by failing to account for money entrusted to her, establishing criminal breach of trust and corrupt practices under the relevant sections.

JUDGMENT :

A. Badharudeen, J.

Smt.Sarala Devi.T.C., who is the accused in C.C.Nos.29/2008 and 30/2008 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, has filed these two appeals challenging the common verdict rendered in C.C.Nos.29/2008 and 30/2008 dated 18.12.2013. The State of Kerala, represented by the learned Special Public Prosecutor, is the respondent.

2. Heard the learned counsel for the accused/appellant as well as the learned Special Public Prosecutor in detail. Perused the records of the Special Court as well as the common verdict impugned.

3. The prosecution case in C.C.No.29/2008 is that, the accused, while working as Secretary of the Service Co- operative Society Ltd. 4280, Thamarakkulam, during the period from 07.01.1986 to 03.11.2004, abused her official position and dishonestly misappropriated an amount of Rs. 1,500 (Rupees one thousand five hundred only) paid by Sri.K.I.Aney, the former Agricultural Officer, Krishi Bhavan, Thamarakkulam, on 16.06.2001, on behalf of the Krishi Bhavan in connection with the implementation of a Project, viz., Integrated Development of Vegetables including Root and Tuber Crops 2000-2001, without entering the said amount in the cash book and day book of the Society.

4. In C.C.30/2008, the prosecution allegation is that, the accused, while working as Secretary of the Service Co- operative Society Ltd. 4280, Thamarakkulam, during the period from 07.01.1986 to 03.11.2004, abused her official position and dishonestly misappropriated an amount of Rs. 14,000 (Rupees fourteen thosuand only) paid by Sri.K.I.Aney, the former Agricultural Officer, Krishi Bhavan, Thamarakkulam, on 26.02.2003, on behalf of the Krishi Bhavan in connection with the fertilizers subsidy amount in the implementation of project viz., Macro Management 2001- 2002, without entering the said amount in the cash book and day book of the Society.

5. On this premise, the prosecution alleges commission of offences punishable under Sections 409 , 465 and 477A of the Indian Penal Code (hereinafter referred to as 'IPC') as well as under Sections 13 (1)(c) and 13(1)(d) r/w Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act, 1988') by the accused in both cases.

6. The learned Special Judge jointly tried these cases and recorded the evidence. PW1 to PW6 were examined and Exts.P1 to P13 were marked on the side of the prosecution. No evidence was adduced on the side of the defence. On analysis of the evidence, the learned Special Judge found that the accused committed offences punishable under Sections 409 and 477A of IPC as well as under Sections 13 (1)(c) and 13(1)(d) r/w Section 13 (2) of the PC Act, 1988. Accordingly, the accused was convicted and sentenced as under:

“36. Point No.10 in C.C.29/2008 : …….. Therefore, for the offence under S.13(1)(c) and S.13(1)(d) r/w S.13(2) of P.C. Act, 1988, the accused is sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.1,000/- (Rupees One Thousand only) each. Fine, if not paid, accused shall undergo rigorous imprisonment for a further period of one month each. For the offence under S.409 I.P.C. also the accused is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- (Rupees One Thousand only). Fine, if not paid, he shall undergo rigorous imprisonment for a f