The Kerala High Court, in a significant ruling, upheld the conviction of P. Prabhakaran, a former manager of the Kerala State Financial Enterprises (KSFE), Chalai Branch, for forging documents to secure loans. However, the court acquitted his wife, B. Kadambari, and sister, D. Mayadevi, giving them the benefit of doubt. The judgment was delivered by Justice A. Badharudeen on August 14, 2025, in CRL.A No. 2450 of 2010.
Background of the Case
The case revolved around allegations that Prabhakaran abused his official position to secure loans for his wife and sister by submitting forged employment certificates. The prosecution argued that these certificates were issued in the names of fictitious teachers from a non-existent school, "Government Upper Primary School, Karavaram, Attingal." The loans, amounting to Rs. 44,000 and Rs. 48,000, were disbursed in 1993 but later defaulted, leading to an internal audit and subsequent legal action.
The court examined evidence including audit reports (Exts.P8 and P9) and testimonies from auditors (PWs 5 and 13), who confirmed irregularities in the loan process. The employment certificates (Exts.P1(c), P1(d), P3(e), and P3(d)) were found to be bogus, as the school mentioned in them did not exist. Additionally, letters sent to the supposed certifiers were returned with the endorsement "addressee not known."
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Justice Badharudeen noted:
"When an officer in the status of the 1st accused, who has domain over official records, places employment certificates in a file and grants loans to his wife and sister, and later these certificates are found to be bogus, the overt acts amount to forgery."
The defense argued that mere creation of false documents does not constitute forgery unless the accused are proven to be the makers. They cited precedents, including Manu/KE/4345/2024, to support their claim. However, the court rejected this argument, stating that Prabhakaran's certification of the genuineness of the documents was sufficient to establish his involvement.
While the court confirmed Prabhakaran's conviction under Sections 468 (forgery) and 471 (using forged documents) of the IPC, as well as Section 13(1)(d) of the Prevention of Corruption Act, it acquitted his wife and sister due to insufficient evidence of their direct involvement in the forgery.
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Prabhakaran was sentenced to one year of rigorous imprisonment and a fine of Rs. 500 for each offense. The court directed him to surrender immediately to serve his sentence. His wife and sister were set free, and their bail bonds were canceled.
This judgment underscores the judiciary's stance on corruption and forgery, particularly when public officials misuse their positions for personal gain. The detailed scrutiny of evidence and adherence to legal principles make this ruling a significant reference for similar cases in the future.
Case Title: P. Prabhakaran & Others v. State of Kerala
Case No.: CRL.A No. 2450 of 2010
