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1998 Supreme(Ker) 561

Judges : K.A.MOHAMED SHAFI
T.Retnadas - Appellant
Versus
State Of Kerala - Respondent
Case No : Crl. Appeals Nos. 580 to 583 of 1993 and 290 of 1994
Decided On : 12/09/1998
Advocates Appeared :
For the Appellant: S. James Vincent, Advocate. For the Respondent: P. N. Sukumaran, Public Prosecutor.

Judgment :-

These Criminal Appeals are preferred against the common judgment dated 10-9-1993 in C.C. Nos. 12, 13, 14 & 15 of 1988 passed by the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The same person is the accused in all the above cases and he has preferred all these four Appeals Nos. 580 to 583 of 1993. Crl. Appeal No. 580 of 1993 is directed against the judgment in C.C. 15 of 1988, Crl. Appeals Nos. 581 & 582 of 1993 are filed against the judgments in C.C. Nos. 13 & 14 of 1988 respectively and Crl. Appeal No. 583 of 1993 is filed against the judgment in C.C. 12 of 1988. Crl. Appeal No. 290 of 1994 is filed by the State seeking enhancement of the sentence awarded by the lower Court in all the above four cases.

2. In all the above four cases, the appellant stood trial before the lower Court for the offences punishable under section 5(2) read with Section 5(1)(c) and (d) of the Prevention of Corruption Act, 1947 and Sections 409, 467, 471 and 477-A of the I.P.C. on the basis of the charge-sheets laid by the Deputy Superintendent of Police, Vigilance Headquarters, Unit-II, Thiruvananthapuram. The allegation made against the appellant is that while working as Junior Employment Officer, Town Employment Exchange, Neyyattinkara, he being a public servant, committed financial irregularities during the period from 30-7-1984 to 28-12-1984 misappropriated money entrusted to him for disbursement to the beneficiaries as unemployment allowance to the extent of Rs. 9,200/- by not disbursing the amount to the beneficiaries and converted the same for his own use and falsified the official records by making false entries and as such he has committed the aforesaid offences.

3. After trial, the lower Court found the appellant guilty of the offences punishable under section 5(2) read with Section 5(1)(c) and (d) of the Prevention of Corruption Act and Ss. 409, 467 and 471 of the I.P.C. in all the four cases and convicted and sentenced him to undergo simple imprisonment for two months each for the offence punishable under section 5(2) read with Section 5(1)(c) and (d) of the Prevention of Corruption Act in all the four cases and convicted and sentenced to pay a fine of Rs. 2000/-, Rs. 2600/-, Rs. 2000/- and Rs. 1000/- respectively for the offence punishable under section 5(2) r/w Section 5(1)(c) and (d) of the Prevention of Corruption Act in default to undergo simple imprisonment for a period of 15 days each in C.C. Nos. 12 to 15 of 1988 respectively and also to undergo simple imprisonment for two months each for the offences punishable under sections 409, 467 and 471 of the I.P.C. in all the four cases and directed the substantive sentences to run concurrently in all the cases, by the common judgment dated 10-9-1993.

4. Aggrieved by the finding of guilt, conviction and sentence entered against him the accused has preferred the above appeals, Dissatisfied with the quantum of sentence awarded by the lower Court, the State has preferred Crl. Appeal No. 290 of 1994.

5. The Government of Kerala introduced the unemployment assistance scheme in the year 1982 for the benefit of the persons who passed S.S.L.C. Examination and continued to be unemployed for more than three years after the registration of their names in the concerned Employment Exchanges, whose family is having an annual income less than Rs. 4000/- and aged between 18 and 35 years. The monthly allowance is to be distributed to the beneficiaries of each district. The Government Order issued by the Government in this behalf is marked as Ext. P78 in this case. The applicants seeking unemployment assistance have to produce identity card, S.S.L.C. Book and signed receipt which should be verified at the counter and the signature in the application and receipt should tally. The age should also be verified as noted in the S.S.L.C. Book. After verification of these particulars it should be noted in the identity card and the S.S.L.C. Book that so much amount is paid as unemployme









































































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