The Karnataka High Court allowed an appeal filed u/S. 374(2) Cr.P.C, praying to set aside the judgment of conviction and sentence dated 27.08.2012 passed by the Addl. Dist. & Sessions Judge, convicting the appellants/accused for the offense punishable /u/s 13(1)(c) & 13(2) of The Prevention of Corruption Act. The Court observed that even though PW-8 has deposed about visiting a few houses, it is not forthcoming from his evidence as to what was the amount sanctioned by the Government and what was the amount misappropriated by the accused persons.
Brief Facts:
The accused Nos.1 to 3 are public servants working in the capacity of secretary, president, and bill collector. It is alleged that they collected applications from the beneficiaries for the amount sanctioned by the Government of Karnataka for the construction of toilets under the Nirmala Karnataka Yojana and after the amount was sanctioned by the Government, did not allot the amount to the beneficiaries, for the purchase of materials for construction of toilets under the said yojana and thereby committed criminal breach of trust and cheating and misappropriated the amount by misusing their position as public servants.
The learned Sessions Judge came to the conclusion that the prosecution has proved that the accused persons have dishonestly or fraudulently misappropriated or otherwise converted for their own use any property entrusted to them or under their control as public servants and thereby committed the offense punishable under Section 13(2) of Prevention of Corruption Act.
Contentions of the Appellants:
The Learned Counsel for the Appellants submitted that the complainant in this case has himself conducted the investigation and filed the charge sheet thereby acting in a dual role, which has prejudiced the accused. It is also contended that the sanction order issued by PW-7 is not in accordance with law and as per EX-P5, sanction was granted to prosecute only accused No.1 and not accused Nos.2 and 3.
Contentions of the Respondents:
The Learned Counsel for the Respondents submitted that the accused persons are also liable to be convicted for the offense punishable under Sections 409 and 420 of IPC. He argued that the accused had not allotted the said amount in favor of the beneficiaries and thereby committed a criminal breach of trust and cheating.
Observations of the Court:
The Court noted that even though PW-8 has deposed about visiting a few houses, it is not forthcoming from his evidence as to what was the amount sanctioned by the Government and what was the amount misappropriated by the accused persons. When no beneficiaries have come forward to say that they have not received the amount released under the Nirmala Karnataka Yojana, it cannot be said that the prosecution has been able to prove charges leveled against the accused beyond a reasonable doubt.
The Court observed that the Trial Court has shifted the burden on the defense, observing that the accused have failed to demonstrate that no reliance could be placed on the evidence of the prosecution witnesses or they had any ill will or malafide intention to falsely implicate them.
The decision of the Court:
The Karnataka High Court, allowing the appeal, held that the judgment of conviction and sentence passed by the Trial is not sustainable in law and the same is liable to be set aside.
Case Title: M. V. Neelakantaiah & Ors. v. State of Karnataka
Coram: Hon’ble Justice Mohammad Nawaz
Case no.: CRIMINAL APPEAL NO. 1018 OF 2012
Advocate for the Appellant: Mr. A H Bhagavan
Advocate for the Respondent: Mr. B B Patil
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