HAREKRUSHNA PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted under Section 5(1)(c) read with Section 5(2) and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act as also under Section 471 I.P.C. and sentenced to pay a fine of Rs.9,000/- in default to undergo R.I. for six months under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and to undergo R.I. for one year on each count under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act and under Section 471, I.P.C., and although convicted also under Sections 403/468, I.P.C. though no separate sentence has been awarded under the two sections, has preferred this appeal.

(2.) The indictment of the petitioner was that he while working as an L. D. Clerk in the office of the Executive Engineer (R and B), Dhenkanal Division, Dhenkanal forged letters of authority in the name of the Executive Engineer during the period from May, 197 3/03/1974 and took delivery of stationery articles worth Rs.8501.06 from the Orissa Government Press, Khapuria, Cuttack on the strength of those letters of authority but did not account for the articles in the office. The F. I. R. was lodged by the Inspector of Vigilance on 20-2-75 on the basis of which investigation was started and on completion of investigation and obtaining the sanction for prosecution, the petitioner was made to stand the trial.

(3.) The learned Special (Vigilance) on an analysis of the evidence held the sanction to be valid, the trial to be not vitiated under Section 219, Cr. P.C. the signatures appearing Exts. 7/24 to 7/35 on the letters of authority to be in the hand of the appellant which conclusion he reached on the evidence of the handwriting expert and his report, and that the appellant had received the articles in question from the Orissa Government Press on the basis of the forged letters but had not accounted for the same.