RAMANANDAN PRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant who was working as Senior Clerk-cum-Cashier in Utkalmani Gopabandhu Institute of Engineering, Rourkela has impugned the judgment dated 27th January, 1996 passed by the learned Special Judge (Vig), Sambhalpur in T. R. Case No. 33 of 1989 convicting him under Section 5(l)(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 and Sections 409 and 477-A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years on each count and directing the sentences to run concurrently.

(2.) Prosecution case in short is that the appellant was working as Senior Clerk-cum-Cashier in the Utkalmani Gopabandhu Institute of Engineering at Rourkela from 14-5-1986 to 5-1-1987. During that period he ' had been assigned the work of maintaining account books of the office and keeping, receiving and paying cash of the Institute. He falsified the accounts and committed misappropriation of funds of the Institute to a tune of Rs. 50,217.15. After detection thereof an FIR was lodged by the Inspector of Police (Vig), Rourkela. After investigation charge-sheet was submitted and the appellant faced trial.

(3.) The defence plea was one of complete denial of the charges. It was contended that due to heavy pressure of work, there were accidental omissions and wrong entries in the accounts books. The further plea of defence was that as and when the irregularity was detected, the appellant made good the shortage of cash of the Institute by depositing the same.