BASANTA KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present revision the petitioner challenges order dtd. 23/12/2002 passed by Additional Sessions Judge, Malkangiri in Criminal Appeal No. 31 of 1999, whereby the order of conviction and sentence passed by learned C.J.M., Malkangiri in G.R. case No. 317 of 2019 on 22/9/19 95 was confirmed. By the said judgment, the trial court had convicted the petitioner accused for the offence under Sec. 409 of IPC and sentenced him to imprisonment for 29 days.

(2.) The prosecution case, in a nutshell, is that the Divisional Forest Officer, Jeypore (KL) Division lodged an FIR before the Officer-in-charge of Orkel Police Station alleging that as per the audit report it was found that the petitioner while posted as the Range Officer, Balimela K.L. Range had misappropriated cash of rupees 4,52,491 .99. It was stated that he was entrusted with different amounts on different dates in advance for expenditure of Kendu leaves production, transportation, drying and storage etc. Basing on such report, investigation was taken up and charge sheet was submitted under Sec. 409 of IPC.

(3.) The petitioner carried the matter in appeal to the Court of Session. The learned Sessions Judge after scanning the evidence on record found no reason to interfere with the judgment of conviction and sentence passed by the trial court. As regards the question of sanction, it was held that the trial court had committed no error in rejecting the contention put forth by the petitioner. The lower appellate court also referred to the decisions relied upon by both sides and held that no sanction was necessary in the facts and circumstances of the case.