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Crl.A.(MD) NO.237/2017:-

16 Mr.G.R.Swaminathan, learned counsel appearing for A-

14/appellant in Crl.A.(MD).No.237/2014, who was also examined as D.W.1 made the following submissions:

(1)The appellant/A-14 was charged for charges 4, 6 and 7 only and he was acquitted for the charges 6 and 7 and however, he was convicted for the offence under Section 467 read with 197 IPC.
(2)The appellant/A-14 is a middle rank officer and on the Note put up by his subordinates, he made a recommendation to the superior officers and ultimately, A-24 / Director of Elementary Education, had approved the recommendation and the fact remains that the prosecution launched against him has been withdrawn under Section 371 I.P.C. and as such, he cannot be convicted and even otherwise, the ingredients of the same have not been substantiated / proved by the prosecution.