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2023 Supreme(Ker) 403

KAUSER EDAPPAGATH
L. Ravinathan – Appellant
Versus
State Of Kerala, Rep. By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For The Petitioner: Sri.S.Rajeev, K.K.Dheerendrakrishnan, N.P.Asha
For the Respondent: Smt S Rekha Sr Pp , Sri A Rajesh Spl. Pp

JUDGMENT :

This appeal has been preferred by the accused in C.C.No.47/2008 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short 'the court below') challenging the judgment dated 30.9.2011, convicting and sentencing him under Sections 13 (1)(c) and (d) read with 13(2) of the Prevention of Corruption Act (fort short 'the PC Act') and Section 409 of the Indian Penal Code (for short 'the IPC').

2. The prosecution case in short is that the accused while working as Junior Superintendent/Chief Ministerial Officer at Munsiff's Court, Nedumangad during the period from 4.9.2001 to 8.6.2006, dishonestly misappropriated a sum of Rs.2,20,000/-involved in O.S.No.335/2005 of the Munsiff's Court, Nedumangad, kept in the safe custody of the court and thereby committed the offence.

3. After trial, the Court below found the accused guilty and convicted and sentenced him to undergo rigorous imprisonment for one year each and to pay a fine of Rs.3,000/-each, in default to suffer rigorous imprisonment for three months each under Section 13(2) read with 13(1)(c) and 13(2) read with 13(1)(d) of the PC Act, to undergo rigorous imprisonment for one year and to pay a fine of

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