State Of Kerala vs K.K.Balan on 13 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 819 of 2000()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. K.K.BALAN, S/O.CHANDU CHETTIAR
                       ...       Respondent

                For Petitioner  :PUBLIC PROSECUTOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :13/07/2007

 O R D E R
                      K.R.UDAYABHANU,J
                   ================
                      CRL.A.No.819 of 2000
                   =================
               Dated this the 13th day of July,2007


                           JUDGMENT

The appellant is the State. The appeal is filed seeking to

set aside the order of the Enquiry Commissioner and Special

Judge in C.C.No.15/97. The matter related to the alleged

misappropriation of the amounts by the accused who was the

cashier of the Electrical Major Section, Mananthavady. The total

amount involved is in respect of 12 receipts from the consumers

worth Rs. 9428.25.

The evidence adduced consisted of the testimony PWs. 1 to

17 Exts. P1 to P54 and Ext. D1. The trial court found that the

accused is entitled to the benefit of doubt. The prosecution

could not establish the case beyond reasonable doubt that the

accused is guilty of the offence alleged under Section 13(c) and

(d) read with section 13(2) of P.C.Act 1988 and Section 409 and

477(A) of the I.P.C. It is noticed by the court below that it has

come out in evidence that there was one more cashier in the

same office and the amounts collected are with respect to the

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consumers from three centers in Mananthavady section, ie.,

Mananthavady, Panamaram and vellamande and that the same

consumer numbers are in existence in the three centers and that

the prosecution has not adduced any positive evidence to

establish that the invoices involved in the matter is specifically

with respect to Mananthavady centre. It is also noted that the

receipts did not contain the dates, on which the payments are

made. Further, the consumers when examined have not stated

that it is the accused who collected the amount. It is also noted

that the dates of the receipts are not mentioned in some of them

and further, it is found that with respect to certain receipts

wherein the dates are mentioned, the accused was on leave on

the particular dates. Further there was no signature on the

receipts and the writings were not established to be that of the

accused in the impugned receipts. The facts vide Ext P42 report

is that no definite conclusion as to the identity of the hand

writing can be had. It was in the above circumstances that the

Special Judge has found that the accused is entitled to be

acquitted. In the circumstances noted above and considering the

constraint of the Appellate Jurisdiction with respect to order of

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acquittal, I find that it would not be proper to set aside the order

of the court below.

In the circumstances, the appeal is dismissed.

K.R.UDAYABHANU,JUDGE

dvs