Misappropriation of funds by public servants can be established through consistent witness testimony and circumstantial evidence, even without handwriting expert corroboration.

JUDGMENT :

A.BADHARUDEEN, J.

Crl.Appeal No.257 of 2015 and Crl.Appeal No.260/2015 are at the instance of the 1^st accused in C.C.No.19/2007 and C.C.No.22/2011 respectively on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram and he impugns the common judgment dated 07.02.2015 rendered by the learned Special Judge after joint trial of both the above cases.

2. State of Kerala is the respondent. Sri Radhakrishnan Nair is the appellant and I shall refer him as the 'appellant’ hereafter.

3. Heard the learned counsel for the appellant in both the cases. Also heard the learned Special Public Prosecutor in detail and gone through the evidence available meticulously as well as the common judgment impugned. In both these cases, prosecution alleges commission of offences punishable under Section 13 (1)(c) r/w 13(2) of the Prevention of Corruption Act, 1988 ('PC Act, 1988’ for short) and Sections 408, 465, 471 & 477A and 120B of the Indian Penal Code ('IPC' for short) by the appellant.

4. In C.C.19/2007 precisely the prosecution case is that the first accused is the Secretary of the Kundayam Service Co-operative Bank Ltd. No.3259, Kundayam and second accused is the President of the said Co- operative Bank. First and second accused being public servants during the year 1990 conspired together to misappropriate public money abusing their official position and in pursuance of the said criminal conspiracy first accused withdrew an amount of Rs.23,500/- on 2.7.1990 from the District Co-operative Bank, Pathanapuram Branch using cheque No. 473939 (Ext.P3), made false entries in the Bank records, fabricated chalans and vouchers to make it appear that the said amount was paid to one Mr.P.J.Babu and Alexander Mathew and misappropriated the said amount for his own use. After that on 6.8.1990 A1 Secretary withdrew another amount of 16,500/- from the said Bank using cheque No.474084 (Ext.P17) drawn on the account of Kundayam Service Co-operative Bank and made false entries in the records of Kundayam Service Co-operative Bank to make it appear that the said amount was paid to Smt. Kunjamma Mathai, and misappropriated the said amount for his own use. Subsequently on 15.10.1990 A1 withdrew another amount of Rs.15,000/- by cheque No.474092 (Ext.P26) from the District Co-operative Bank Branch at Pathanapuram from the account of Kundayam Service Co-operative Bank and made false entries in the records of the Society, to