- (1.)This appeal by special leave to appeal arises out of judgment and order dated 18.03.2011 passed by the High Court of Kerala at Ernakulam in Criminal Appeal No.249/2000(A) by which it was pleased to affirm the order of conviction and sentence recorded by the learned Special Judge Thiruvananthapuram in CC No.3 of 1999.
(2.)On 15.10.1997 FIR No.9 of 1997 was registered pursuant to Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Thiruvananthapuram reporting that in the vigilance inquiry it was revealed to the following effect:
A jack tree of about 40 years of age was cut and kept in the compound of 10 Cents of land owned by the Kerala State Handicapped persons welfare corporation Thiruvananthapuram at Pojoppura. Shri Antony Cardoza, Managing Director of the Corporation got it removed and cut into convenient pieces on 24.06.1996 and took it to his residence at Alapuzha on 25.06.1996 through A Vasudevan Nair. Shri Prabhakaran Nair, L.D. Accountant met the expenses of Rs.690/- by way of labour charge for this purpose which was never claimed reimbursement from the corporation. Thus Shri Antony Cardoza being the servant of the Corporation as M.D. with wrongful intention committed threft of jack tree wood worth about Rs.10,000/- which was cut down and kept in the land of the corporation at Poojappura and Sh. Prakahakaran Nair, L.D. Accountant intentionally facilitated Sh. Antony Cardoza in the commission of the offence punishable under Section 381 and 109 IPC and Section 13(2) read with Section 13(1)(c) of PC Act, 1988.

(3.)In the investigation that followed the timber was found in the house of Shri Antony Cardoza, Managing Director of the Corporation, i.e. the appellant, situated at Alappuzha. Search list Ext.P9 bears the signature of the wife of the appellant. After due investigation charge-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 ). Pending the trial, Shri Prabhakaran Nair, the second accused expired and the matter abated against him.