Misappropriation by a public servant requires proof of trust, dishonest intent, and encasement of property not belonging to the accused, as upheld in this case.

JUDGMENT :

A. Badharudeen, J.

Being aggrieved by the conviction and sentence imposed against the appellant as per judgment dated 15.05.2008 in C.C.No.14/2005 on the files of the Court of the Special Judge(SPE/CBI)-I, Ernakulam, this appeal has been filed by the appellant, who is the accused therein.

2. Heard the learned counsel for the appellant/accused as well as the learned Special Public Prosecutor appearing for the Central Bureau of Investigation.

3. The prosecution case is that the accused while working as a Sorting Assistant in the Railway Mail Service (`RMS' for short hereafter), Shornur during 16.06.1995 to 27.09.2004 dishonestly and fraudulently misappropriated a total sum of Rs.2,79,500/- by encashing cheques posted through RMS. The total amount of Rs.2,79,500/- has been arrived at by the use of 7 cheques and the allegations are as under:

(i) bearer cheque No.143315 for Rs.5,000/- sent by Shri Rajmal P., an NRI person from Jeddah (KSA) drawn on his account No.33601 at Canara Bank, Edakkara Branch by ordinary post to his wife Smt.Abeeda Rajmal, Punnapala House, Vazhikadavu P.O, Malappuram Dist. and presented the same in the said account of the NRI person and encashed Rs.15,000/- on 02.04.2003 by forging the signature of the payee as `Sunil’ and altering the cheque Rs.5,000/- (Rupees Five thousand only) to Rs.15,000/- (Rupees Fifteen thousand only) and withdrawn Rs.15,000/- and misappropriated it.

(ii) bearer cheque No.060847 for Rs.10,000/- sent by Shri P.P.Sivadasan, an NRI person from Fujirah (UAE) drawn on his account No.18797 at Canara Bank, Perinthalmanna Branch by ordinary post to Smt.Geetha P.Sivadasan, W/o.Shri Sivadasan, Parambil House, Naduvattam, Edappalam P.O, Palakkad District and presented the same in the said account of the NRI person and encashed Rs.10,000/- on 02.04.2004 by forging the signature of the payee as `Sunil’ and withdrawn Rs.10,000/- and misappropriated.

(iii) & (iv) bearer cheque No.244018 for Rs.19,500/- and Cheque No.244019 for Rs.30,000/- sent by Shri K.Sakkir Hussain, an NRI person from Abu Dhabi drawn on his account No.793 at Federal Bank Ltd. Kuttipuram Branch by ordinary post to his father K.Kunhahammed @ Kunjappa, S/o.late Mohammed, Kyappalli House, Kolakkad, Kuttipuram, Palakkad District and presented the same in the said account of the NRI person and encashed Rs.19,500/- and Rs.30,000/- on 10.03.2004 and 08.03.2004 by forging the signatures as `Abu and Azeez’ respectively and withdrawn Rs.49,500/- and misappropriated it.

(v) bearer cheque No.678367 for Rs.25,000/- and a DD dated 06.05.2004 for Rs.9,937/- sent by Shri K.T.Abdul Nazar, an NRI person from Sultanate of Oman drawn on his account No.18975 at the Perinthalmanna Service Co-operative Bank Ltd., Perinthalmanna by ordinary post to Smt.K.T.Benazir, W/o.Shri Abdul Nazar, Kunnathodi House, Ponnian Kurishi P.O, Perinthalmanna, Malappuram District and presented the same in the said account of the NRI person and encashed Rs.25,000/- on 22.05.2004 by forging the signature and withdrawn Rs.25,000/- and misappropriated it.

(v) bearer cheque No.060911 for Rs.50,000/- and a DD No.3/34548530 dated 15.02.2004 for Rs.50,000/- sent by Shri V.Moideen, an NRI person from Saudi Arabia drawn on his account No.3083 to his father Shri V.Said @ Vysyam Said, S/o.Moideen, Paloor P.O, Pulamanthole, Malappuram District and presented the same in the said account of the NRI person and encashed Rs.50,000/- on 26.02.2004 by forging the signature as `Sunil’ and remitted Rs.20,000/- in the loan account of Shri Moideen and misappropriated the balance amount of Rs.30,000/-.

(vii) bearer cheque No.994522 for Rs.1,50,000/- sent by Shri