The Madras High Court Bench here has set aside the conviction and sentence imposed on a former Executive Officer of Sethur Town Panchayat in Virudhunagar district and a Sanitary Supervisor attached to the local body on charges of misappropriating Rs.12,999.50 meant for planting saplings under the Social Forestry Scheme in 1986.
Allowing a criminal appeal filed by P. Amalraj and I. Solaiyappan, Justice M. Sathyanarayanan said that the Vigilance and Anti-Corruption sleuths had failed to prove the case beyond reasonable doubts and hence it was not safe to sustain the conviction and sentence imposed by the Chief Judicial Magistrate-cum-Special Judge for Prevention of Corruption Act cases at Srivilliputtur on November 24, 2005.
The trial court had sentenced the duo to undergo three years' rigorous imprisonment.
The petitioners were also convicted under the Prevention of Corruption Act and directed to undergo one more year of rigorous imprisonment besides paying a fine of Rs.2,000 each failing which they were ordered to undergo three months of rigorous imprisonment.
All the sentences were ordered to run concurrently and the period of incarceration undergone at the time of investigation was ordered to be set off.
Not finding sufficient evidence and material witnesses to uphold the conviction as many of them had turned hostile, Mr. Justice Sathyanarayanan said that the police had also failed to enquire the top officials who were in-charge of supervising and disbursing the money under the Social Forestry Scheme.
He acquitted the accused from all charges and ordered refund of the fine amount paid by them.
