The conviction under the Prevention of Corruption Act was confirmed based on sufficient evidence of misappropriation by the accused, emphasizing statutory minimum sentencing.

JUDGMENT :

A. Badharudeen, J.

Sri.M.J.Jose, who is the accused in C.C.Nos.20/2016, 21/2016 and 23/2016 on the files of the Enquiry Commissioner and Special Judge, Thalassery, is the appellant in all these appeals and he assails the common verdict in the above case, dated 30.11.2017.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the records of the Special Court and the common verdict impugned.

3. The prosecution case in C.C.No.20/2016 is that the accused, while working as Head Master, Government Fisheries Upper Primary School, Kizhur, (G.F.U.P. School) during the period from 05.07.2000 to 03.09.2001 and from 19.12.2001 to 02.01.2002, dishonestly misappropriated Rs.33,120.40, being the amount of Sanchayka; Rs.20,000, being the Government fund received from the Deputy Director of Education, Kasaragod, for the improvement of toilet facilities in the school; and Rs.890, being the amount of lump sum grant of SC/ST students received from the Government (totalling Rs.54,010.40), which were under his control, in his capacity as a public servant, and thereby, committed criminal misconduct by abusing his position as a public servant and obtaining pecuniary advantage by corrupt means, and also forged documents in the office wilfully and with intent to defraud during the period from 24.10.2000 to 15.02.2001.

4. The prosecution case in C.C.No.21/2016 is that the accused, while working as Head Master, G.F.U.P. School, Kizhur, for the period from February 2001 to 03.04.2001, dishonestly misappropriated an amount of Rs.5,280, being the professional tax collected from the staff members; Rs.24,600, being the GPF advance of PW13; and Rs.77,354, being the salary of staff members for the month of March 2001 (totalling Rs.1,07,234), which were under his control, in his capacity as a public servant, and thereby, committed criminal misconduct by abusing his position as a public servant and obtaining pecuniary advantage by corrupt means, and also forged documents in the office wilfully and with intent to defraud during the period from February 2001 to 03.04.2001.

5. The prosecution case in C.C.No.23/2016 is that the accused, while working as Head Master, G.F.U.P. School, Kizhur, during the period from 23.08.2001 to 22.12.2001, dishonestly misappropriated an amount of Rs.8,079, being the excess salary drawn by him in the month of August 2001, and Rs.44,500, being the GPF advance of PW5 and PW10 (totalling Rs.52,579), which were under his control, in his capacity as a public servant, and thereby, committed criminal misconduct by abusing his position as a public servant and obtaining pecuniary advantage by corrupt means, and also forged documents in the office wilfully and with intent to defraud during the said period from 23.08.2001 to 22.12.2001.

6. All these cases viz., C.C.No.20/2016, C.C.No.21/2016 and C.C.No.23/2016 along with another connected case, viz., C.C.No.22/2016, were tried jointly by the Special Court. During evidence, PW1 to PW17 were examined and Exts.P1 to P86 were marked on the side of the prosecution. During the cross-examination of PW14, a contradiction was marked on the defence side as Ext.D1. Finally, the Special Court found that the accused committed offences punishable under Sections 13 (1)(c) and (d) r/w Section 13 (2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) in C.C.Nos.20/2016, 21/2016 and 23/2016, while acquitting the accused in C.C.No.22/2016, and sentenced the accused as under:

C.C.No.20/2016

a) Accused is sentenced to undergo Simple Imprisonment for 2 years (two years) and to pay fine of Rs.5,000/-(Rupees Five Thousand) and in default