Supreme Court convicts Korphu Gup to imprisonment for embezzlement

The Supreme Court (SC) has fully affirmed the High Court’s (HC) judgment of sentencing Sangay Khandu, Korphu Gup, Trongsa to 1 year, 6-month imprisonment, with option to pay a fine in lieu of imprisonment for embezzling Nu 620,403.08 from the Korphu Gewog Environmental Conservation Committee fund.

Key issues involved were embezzlement of funds by public servant and reimbursement of the funds with penalty interest.

This case was prosecuted through Trongsa Dzongkhag Court (DC) and reached the SC.

Trongsa DC acquitted the defendant from the charge of embezzlement.

The court in considering whether the defendant should be charged with embezzlement found insufficient evidence to convict the defendant of intentionally misappropriating wildlife compensation funds.  The lack of conviction attributed to systemic issues, including inadequate oversight, absent audits, and a lack of transparency within relevant government agencies.  Furthermore, DC upheld the Royal Audit Authority’s report

Further, the court ruled that the defendant does not need to reimburse any funds.  The defendant had already deposited Nu 621,400 into the tiger conservation account, fulfilling the requirements despite inconsistencies in reporting by the Trongsa Dzongkhag Administration and a delayed penalty interest application due to the Royal Audit Authority’s extended deadline.

OAG appealed before the High Court which found the defendant guilty of embezzlement.

The defendant withdrew the funds, deposited them into his personal account, and spent them over 18 months before reimbursing the money 4 years later only after an audit found the issue.  The court rejected his claims that the money was used for community purposes, citing a lack of evidence and fabricated documentation. 

The defendant admitted in his statement to keeping the money in his personal account, using it for villagers when they fell ill, and occasionally using it by his wife and himself.

Considering mitigating factors such as delayed auditing and full reimbursement, the court sentenced Sangay Khandu to 1 year and 6 months imprisonment, with an option to pay a fine in lieu of imprisonment.

The claim for 24 percent penalty interest was dismissed as the defendant has already deposited the funds into the Tiger Conservation Fund.

Defendant appealed to SC upon which the court fully affirmed the HC’s judgement on 28th November 2024. 

Background

An Environmental Conservation Committee was established in Korphu Gewog, Trongsa to address issues between humans and wildlife. In 2012, the Ministry of Agriculture and Forests provided Nu 300,000 to compensate the residents of that gewog for damages caused by wildlife.

In 2016, the Zhemgang Forest Division provided an additional Nu 200,000, totaling Nu 500,000. However, the villagers were unable to participate in the compensation program, and no compensation was disbursed.

In 2018, the Ministry of Agriculture and Forests initiated the National Crop and Livestock Insurance Fund and instructed that the Environmental Conservation Committee’s funds be transferred to this national fund.

Despite this directive, Sangay Khandu, the Gup of Korphu Gewog in Trongsa, allegedly used the gewog’s environmental conservation funds for his personal benefit instead of submitting them to the government.

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