the goan I network
PANAJI
The Chief Judicial Magistrate at Panaji has acquitted T Venkatraman Ramyya, a former accounts assistant at the famed Maruti dealer at Alto-Betim, Sai Service, in a case of alleged fraud to the tune of Rs 13.51 lakh.
Ramyya was accused by the company of committing the fraud after an auditor Mahesh Dhond in March 2004 found that the amount was mismatching with the entries in the books.
The offence was registered under section 408 of IPC in 2004 by the Porvorim police after a complaint was filed by Anil Bapat, the then General Manager of Sai Service.
Subsequently, a chargesheet was filed in 2006 and court proceedings began and continued for 15 years.
However, the JMFC court in its order observed that the statements of witnesses and self-confession do not correlate.
Advocate A Shaikh, who offered free legal aid to Ramyya, through the trial in which the prosecution relied on statements of the auditor and of other colleagues of the accused at the Sai Service. Ramyya had allegedly also made a self-confession to the company which the prosecution relied on.
In the 15-page judgement the JMFC observed: “The extra-judicial confession cannot be the sole basis of conviction. In this instant case, this is not supported by a chain of cogent circumstances and it does not corroborate the case of the prosecution that the exact misappropriated amount was Rs 13 lakh”.
Neither auditor nor his assistant has been able to categorically state as to how the misappropriation was done, the order pointed out.
“Prosecution failed to prove that the accused was entrusted an amount of Rs 13.51 lakh and he misappropriated the same for his own use,” observed the judge in the order.
“The offence of misappropriation cannot be proved through surmises. There has to be clear evidence on record showing relevant entries in the cash book that suggests that misappropriation has been done,” the order
further said.
