DR. JAGANATH DAS Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This appeal is directed against an order passed by the Special Judge (C.B.I.), Bhubaneswar in T.R. No. 46/47 of 1999/ 93 convicting the Appellant under Sec. 420, Indian Penal Code (for short the "I.P.C") and Sec. 13(1)(j) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, the "P.C. ") and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ -, in default to undergo rigorous imprisonment for a further period of three months on each count, and directing the sentences to run concurrently.

(2.) The prosecution case, in short, is that while the Appellant was working as Senior Doctor in C.G.H.S., Dispensary in A.G. Colony, Unit IV, Bhubaneswar, in his official capacity he issued a hit to the Staff Nurse on 6.3.1990 for giving delivery of eight vials of Omnatex injection worth Rs. 1180/ - to the wife of one S. Raja Rao, holder of Health Book No. 285. Since issue of injection outside the dispensary had been prohibited, the Staff Nurse, Smt. Giri, raised objection to issue of such injections whereafter the accused directed the said Nurse to issue those injections to him (appellant) and after putting an initial on the injection book, he (appellant) took eight vials of Omnatex injection. Suspecting some foul play, the Staff Nurse reported the matter to the Deputy Director of the dispensary and the Deputy Director on enquiry found that the wife of S. Raja Rao was never ill and she never took the injection,. It was further found that there was no entry in the Health Book No. 285 about any illness or advice for taking any Omantex injection. It is further stated that after the episode came to the light, the accused -appellant admitted to have taken the injections for his mother and gave a letter admitting his fault. He also returned the Omnatex injections. The C.B.I. got the information about the aforesaid illegal action of the Appellant and on suo motu information, the investigation was conducted and accordingly charge -sheet was submitted on the allegation that the accused being a public servant by corrupt or illegal means and by abusing his position as such public servant obtained pecuniary advantage of Rs. 1180/ - by cheating the C.G.H.S. Dispensary and A.G. Authority.

(3.) The plea of the accused -appellant is one of complete denial. It is stated by him that the wife of the Health. Book holder, S. Raja Rao, was ill and when the husband of the patient narrated the illness to him he referred the case to the Specialist of Capital Hospital, Bhubaneswar and the Specialist prescribed Omnatex injections to be given to the patient and basing on this prescription he directed the Nurse to issue those injections. His further plea was that the Deputy Director was hostile to him and he forcibly took his signatures and writings and that he never admitted his guilt at any time.