STATE OF ODISHA Vs. NALINIKANTA BEHERA

JUDGEMENT

(1.) Heard Mr. Sangram Das, learned Standing Counsel for the Vigilance Department and Mr. Trilochan Nanda, learned counsel for the respondents.

(2.) This leave petition under sub-Sec. (1) and (3) of sec. 378 of Cr.P.C. has been filed by the State of Odisha (Vigilance) seeking for leave to prefer an appeal against the impugned judgment and order dtd. 9/1/2017 passed by the learned Special Judge (Vigilance), Bolangir in C.T.R. No.127 of 2007 in acquitting the respondents of the charges under sec. 13(2) read with sec. 13(1)(c)(d) of the Prevention of Corruption Act (hereafter 'P.C. Act') and under Sec. 409/468/471/477-A/120-B/34 of the Indian Penal Code from the charges of criminal breach of trust, forgery of muster rolls, falsification of Book of Accounts and misappropriation of Rs.2,51,168.80 (rupees two lakhs fifty one thousand one hundred sixty eight and eighty paisa only) and thereby committing criminal misconduct being a public servant.

(3.) The prosecution case, in short, is that on receipt of reliable information about misappropriation of Government money by the forest officials in the plantations in the Dhama Forest Range of Sambalpur Forest Division, an enquiry was undertaken by Trinath Patel (P.W.15), the then Inspector of Vigilance, Rourkela Unit and during enquiry, it was ascertained that on the direction of P.C.C.F., Orissa, Bhubaneswar, R.D.F. plantation was taken up at Matupali, Sahajbahal and Bhagharmunda R.D.F. plantation sites in the Dhama Range during the year 2000-01 to an the extent of 100 hectors at each plantation site. It is the further prosecution case that the planting and post planting operations were taken up by Forester Seshadev Das (respondent no.2), Forest guard Udayanath Dash (respondent no.3) and Iswar Bag (respondent no.4) under the direct guidance of Range Officer Nalinikanta Behera (respondent no.1) of Dhama Range and in order to ascertain the genuineness of the R.D.F. plantation, physical verification was taken up with the assistance of local Revenue Officials, Range Officers, Vigilance Police and in presence of executants of Matupali, Sahajbahal and Bhagharmunda R.D.F. plantation sites on 8/7/2002, 29/7/2002 and 30/7/2002 respectively and memorandum was prepared at each plantation site and after the physical verification was over, it was ascertained that the respondent no.1 Nalinikanta Behera entered into criminal conspiracy with other respondents and misappropriated a sum of Rs.72,241.00 from Matupali plantation site, Rs.68,055.00 from Sahajbahal R.D.F. plantation site and Rs.1,10,872.00 from Bhagharmunda plantation site by raising less number of plantation than it was shown on records and in total, the respondents have misappropriated a sum of Rs.2,51,168.80 (rupees two lakh fifty one thousand one hundred sixty eight and eighty paisa only) by falsifying Government records and after enquiry, P.W.15 Trinath Patel submitted written report (Ext.9) to the Superintendent of Police (Vigilance), Sambalpur Division, Sambalpur on 31/12/2004 and accordingly, Sambalpur Vigilance P.S. Case No.59 dtd. 31/12/2004 was registered under sec. 13(2) read with sec. 13(1)(c)(d) of the P.C. Act and Sec. 468/471/477-A/409/120-B of the Indian Penal Code. Sri Abhiram Kar (P.W.18), Inspector of Vigilance, Bolangir Unit was directed to take up investigation of the case and during the course of investigation, the Investigating Officer visited the spot, seized the relevant documents, collected specimen finger prints of the labourers engaged in the plantation sites, sent the specimen finger prints and disputed documents to the Finger Print Bureau, received the opinion of the expert, obtained sanction order in respect of the respondents and on completion of investigation, charge sheet was submitted against the respondents.