JUDGMENT

(Prayer in Crl.R.C.No.511 of 2019: Criminal Revision Case filed under Section 397 read with 401 Code of Criminal Procedure, to call for records and set aside the judgments passed in C.A.No.276 of 2017 dated 16.11.2018 by the Court of Sessions, Chennai by confirming the judgment passed in C.C.No.2137 of 2012 dated 12.09.2017 by the learned III- Metropolitan Magistrate, George Town, Chennai.)

Common Order

1. The Crl.R.C.Nos.511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522 and 523 of 2019 are filed by the first accused namely, Thiyagarajan and Crl.R.C.Nos.847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858 and 859 of 2019 are filed by the second accused namely, Jayachandran. All these cases are connected to each other and arise out of a common transaction and therefore taken up and are disposed of by this common judgment.

2. The second accused in this case namely, Jayachandran was functioning as a Property Clerk in the Court of the Principal Special Judge, NDPS Court, Chennai and he was about to superannuate on 30.06.2005. Therefore, just before his retirement, the learned Presiding Officer directed him to reconcile all the properties entrusted to him and file a statement before him. Without complying with the said directions of the learned Presiding Officer, the second accused is said to have not reported for duty for the last two working days and therefore, he was placed under suspension and thereafter, with the help of the first accused in this case and other officials, a detailed inventory was taken and the case properties which were supposed to be in the custody of the second accused were found to be missing. The aforesaid inventory of the missing case properties is extracted hereunder:

Therefore, after due enquiry, a complaint was forwarded by the concerned Court and a case was registered on 13.07.2006 in Crime No.561 of 2006 and P.W.8 Raja took up the case for investigation and filed separate final reports in respect of each year and accordingly, the cases were taken on file by the learned III Metropolitan Magistrate, George Town, Chennai and after issuance of summons and upon being questioned, the accused denied the allegations and stood trial.

3. Thereafter, the prosecution examined one Raji, who was the Head Clerk working in the concerned Court. He deposed to the fact that from 19.04.1999, the first accused Thiyagarajan was the Head Clerk and was also the Property clerk. From 04.09.2002, the second accused was posted and was functioning as Property Clerk. The second accused, at the verge of his retirement, remained absent from 27.06.2005. Thereafter, upon verification, it was found that the list of case properties, being cash, were missing as stated above and therefore, he lodged a complaint. The prosecution also examined one Manohar, who was posted in the NDPS Court in the relevant point of time, who deposed that the accused were working as Property Clerks and that since the money were found missing, the police also examined him. One R.Ganesan was examined as P.W.3, who handed over the photocopy of the list of properties including the list of missing properties and the photocopy of the relevant pages of the register. One Shanmugam was examined as P.W.4, who was an Advocate, who deposed to the fact that during the relevant period, the first accused was the Head Clerk and thereafter he was transfered. He did not know as to what happened af