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Anthony Cardoza v. State of Kerala
Anthony Cardoza v. State of Kerala
ANTONY CARDOZA
. Appellant
Versus
STATE OF KERALA
. Respondent
JUDGMENT
Uday U. Lalit, J.
1.
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2.
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sheet was filed against the appellant and Shri Prabhakaran Nair, L.D.
Accountant for having committed the offences punishable under
Sections 409 read with Section 120B IPC and under Section 13(1)(c)
read with Section 13(2) of the Prevention of Corruption Act, 1988 (for
short the PCA).
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signature and Ext.P6 being a letter written in the hand of said Shri
Vasudevan Nair on the letterhead of the Corporation. ). We have been
informed that the distance between these two places is about 140
KMs. In defence no explanation was offered for the presence of sawn
timber in the house of the appellant nor did he offer any explanation
as regards Ext.P1 and P6.
5.
that the offences under Section 409 IPC read with Section 120B IPC
so also under Section 13(1)(c) read with 13(2) of the PCA were
proved against the appellant. The appellant was thus convicted under
the said sections vide judgment and order dated 24.03.2000 and
sentenced to undergo rigorous imprisonment for three years and to
pay fine of Rs.5,000/- under Section 120B IPC read with Section 109
and 409 IPC. He was further sentenced to rigorous imprisonment for
a term of three years and to pay a fine of Rs.7,000/- under Section 409
IPC and to rigorous imprisonment for two years and to pay fine of
Rs.8,000/- under Section 13(1)(c) read with Section 13(2) of the PCA.
The substantive sentences were directed to run concurrently.
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6.
02.01.2013.
8.
appellant submitted that the ingredients of Section 409 IPC were not
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attracted in the present case. It was further submitted that the timber
was simply lying in the house of the appellant and that the property
was not converted to his use. Mr. V. Shyamohan, learned Additional
Standing counsel appearing for the State of Kerala respondent,
emphasized that the timber was found at a distance of 140 Kms. and
such timber was never accounted for in the accounts of the
Corporation.
9.
gone through the record, we are of the view that the ingredients of the
offence under Section 409 IPC are clearly attracted in the present
case. As Managing Director of the Corporation, the appellant was
having dominion over the property in question in his capacity of
public servant. The removal of timber from the plot in question to the
house of the appellant at a considerable distance and non-accounting
thereof in the books of the Corporation are very clinching and relevant
circumstances. We therefore uphold the order of conviction as
recorded by the Courts below.
10.
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sentence on each count to simple imprisonment for one year
maintaining the order as regards fine and sentence in default. The
appellant is directed to surrender within three weeks to undergo the
remaining sentence. The appeal thus stands partly allowed in the
aforesaid terms.
..J.
(Dipak Misra)
..J.
(Uday Umesh Lalit)
New Delhi,
November 14, 2014
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