HARIHAR KHARASUDDHA PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. J.R. Dash, Learned Counsel for the Appellant-Petitioner & Mr. S. Mohanty, Learned Standing Counsel (Vigilance). This is an application under Section 389(1) of the Cr.P.C. filed by the Appellant-Petitioner for staying the conviction of the Petitioner as recorded by the Learned Special Judge (Vigilance), Jeypore in GR Case No. 28/95 (V)/T.R. No. 81 of 2007).

(2.) The Petitioner & three others were tried in the aforesaid G.R. Case No. 28/95 M/(T.R. No. 81 of 2007) by the Learned Special Judge (Vigilance), Jeypore for charges under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act & Sections 467/477-A/34 of the I.P.C. for committing criminal misconduct as public servants by abusing their official position in manipulating result sheets of M.E. students with the intention of forging the said result sheets & thereby declared some failed students as passed in furtherance of their common intention during 04.07.1994. & onwards. The Petitioner was the Headmaster of the ME School at the relevant time.

(3.) The Trial Court convicted all the accused persons including the Petitioner for the charges framed against them & sentenced each of them to undergo RI. for two years & to pay a fine of Rs. 2,000, in default to undergo RI. for six months for the offence under Section 467 of the I.P.C. & RI. for one year & to pay a fine of Rs. 1,000 with default sentence on each count for the offence under Section 13(1)(d) of the Prevention of Corruption Act & Section 477-A of the I.P.C. The Petitioner has filed Criminal Appeal challenging the said order & the appeal has been admitted.