TMI Blog2007 (11) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... eals are directed against the judgment and order dated 10th August, 2005 by the High Court of Kerala in Criminal Appeals. The Appeals arising out of SLP(Crl.) Nos. 5705/2005, 5744/2005 and 5858/2005 are preferred by accused Nos. 4 to 7. The Appeals arising out of SLP(Crl.) Nos. 4683/2006, 4687/2006 and 4684/2006 are preferred by the State. 3. Accused Nos. 1 to 10 were charged with the offence under Sections 409, 468, 471, 477A and 120B, Indian Penal Code. The accused were also charged under Section 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 (in short `the Act'). They were convicted by the Trial Court and Appeals were confirmed by the High Court. The allegation against them are that they have encashed the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal of A-9 who was working as U.D. Clerk in I.P.P., Idukki. 6. By the impugned order, the High Court convicted A-4 to A-7 under Section 13(1)(c) read with Section 13(2) of the Act and sentenced them to undergo R.I. for two years each and pay a fine of ₹ 50,000/- each, if default in payment of fine, they were directed to undergo Simple Imprisonment for a period of six months each. The High Court found A-4 to A-7 not guilty under Section 409, 468, 471, 477A and 120B, I.P.C. and accordingly their convictions under aforesaid Sections of law were set aside. 7. While issuing a notice on 28.11.2005, this Court also issued notice as to why A-4 to A-7 should not be convicted under Section 409, 468, 471, 477A and 120B, I.P.C., apart from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted or otherwise converted any property entrusted to them or under their control as public servants or allowed any other person to do so. It is further contended that the property was not at all entrusted to A-4 to A-7 under their control and there is no question of the accused being dishonestly or fraudulently misappropriated it or otherwise allowed any other person to do so. 12. Per contra, learned Counsel for the State contended that for an offence under Section 120B, direct evidence is seldom available and, therefore, having regard to the surrounding circumstances, A-4 to A-7 committed criminal conspiracy and they are guilty under Section 120B and also under Sections 409, 468, 471, 477A, I.P.C. and Section 13(1)(c) read with Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exhibit P-25). He has stated that Idukki I.P.P. received ₹ 50,000/- under head 'T.A.' for 1991. He further stated that the original allotment letter (Exhibit P26a) is sent to Sub Treasury by Painavu Idukki and duplicate to the Project Officer, I.P.P., Idukki. He did not state that the original allotment letter (Exhibit P26a) under head 'TA' has also been sent to Sub Treasury Officer, Devikulam. He has not stated that a copy of the original allotment letter (marked Exhibit P26a) was sent to any other Treasury Officer. 15. From the evidence of PW-5, it can be revealed that a conspiracy was hatched between A-1, A-10, A-2, A-8 and A-9. As already noticed, A-4 to A-7 were working as Sub Treasury Officers at Devikulam. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the person entrusted with the property, or any dominion over property in his capacity as a public servant committed criminal breach of trust in respect of such property as defined in Section 405, I.P.C. The evidence must show that he dishonestly misappropriated or converted to his own use that property or dishonestly used or dispossessed that property in violation of any direction of law prescribing the mode in which such trust is to be discharged. In the present case, there is no evidence that A-4 to A-7 dishonestly misappropriated or converted to their own use the amount of T.A. On record it is established that A-4 to A-7 are not the beneficiaries of the misappropriated amount. 17. In the absence of any evidence to show that A-4 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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