The prosecution must establish misappropriation beyond a reasonable doubt, and lack of link evidence and failure to obtain sanction for prosecution can benefit the accused.

JUDGMENT

Anil Kshetarpal, J. - Through this appeal, the appellant assails the correctness of the judgement of conviction and order of sentence dated 14.02.2020, passed by the learned Additional Sessions Judge, Kurukshetra convicting her for offences under Section 409 IPC as well as under Section 13(1)(c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the 1988 Act"). The relevant part of the order of sentence reads as under:

"Under Section 409 IPC: To undergo rigorous imprisonment for a period of four years and to pay fine of Rs.20,000 (Rs. Twenty Thousand only). In case of default in payment of fine, the convict shall have to undergo rigorous imprisonment for a period of six months in addition.

Under Section 13(1)(c) of the Prevention of Corruption Act, 1988: To undergo rigorous imprisonment for a period of four years and to pay fine of Rs.20,000 (Rs. Twenty Thousand only). In case of default in payment of fine, the convict shall have to undergo rigorous imprisonment for a period of six months in addition."

FACTS

2. Fir came to be registered on basis of an inquiry conducted by Inspector Raj Pal, State Vigilance Bureau, Sub Division, Kurukshetra. The Inquiry Officer found that appellant-Babli Devi in collusion with Sunil Kumar Junior Engineer, Baldev Singh Mate, Shyam Lal her brother-in-law and other account holders named in the report, misappropriated an amount of Rs.5,96,339/- from the funds received by the Gram Panchayat under the National Rural Employment Guarantee Scheme (NREGA) by falsely showing the execution of work while engaging labour under the above said Scheme. At the relevant time, the appellant Babli Devi the Sarpanch of Gram Panchayat of Village Adhon, received an amount of Rs.24,91,487/- during the period from 31.12.2008 to 29.07.2009. It was found in the inquiry that the Sarpanch had falsely projected that Linda Nullah (Drain) was got dug by engaging labourers, whereas in fact the aforesaid drain had already been dug. Further, 1,00,000 bricks were purchased for construction of the boundary wall of a pond, but more than 50% of the bricks purchased were used by the Sarpanch in the construction of her own house. It was also found that sub standard material has been used in the construction of boundary wall, resulting in syphoning of the public money.

3. On completion of the investigation, a report under Section 173 Cr.P.C. was presented in the Court. After considering the material collected by the Investigating Agency, the Court reached at a conclusion that a prima facie case for commission of offences punishable under Section 409 IPC and Section 13(2) of the 1988 Act against appellant-Babli Devi and Sections 120-B, 420 IPC read with Section 120-B IPC, 467, 468 and 471 IPC against all the accused was made out. Accordingly, the accused persons were charged by the Court vide order dated 16.07.2018 to which they denied and claimed trial.

4. The prosecution, in order to bring home the guilt of the accused, examined 25 witnesses apart from producing various documents. The list of witnesses examined and the documents produced are extracted as under: