STATE OF ORISSA Vs. PURNA CHANDRA SINGH

JUDGEMENT

(1.) The appeal, filed on behalf of the Government, is directed against the order of acquittal dated 6th April 1996 passed by the learned Special (Vigilance), Bhubaneswar acquitting the accused-respondent from the charges under Sec. 5 (2) read with Sec. 5 (1) (c) of the Prevention of Corruption Act (P.C. Act in short) and Sec. 409 of the Indian Penal Code (IPC Act in short) and Sec. 409 of the Indian Penal Code (IPC in short) in T.R. No.5 of 1987 arising out of Cuttack Vigilance P.S. Case No.48 dated 15.12.1983.

(2.) The prosecution case in brief was that the accused-respondent was working as a Sales Assistant in the Sale Centre at Thakurmunda under the jurisdiction of the Tribal Development Co-operative Corporation (TDCC in short) of Udala Sub-division in the district of Mayurbhanj during the period of 1982-83, being entrusted with the responsibility of procuring different consumable articles including forest produces and to sell those at the Sale Centre. On 15.12.1983 one Niranjan Jena, Inspector of vigilance lodged a written report before the Superintendent of Police, Vigilance, C.D., Cuttack alleging that the respondent while working as the Sales Assistant during the relevant period sold different articles worth Rs. 15,091.97 paise, which amount he was supposed to deposit in the office of the concerned Branch Manager, but the accused deposited only Rs. 1,891,93 paise and did not deposit the balance amount of Rs. 13,200.04 paise. The informant alleged in the F.I.R. that he learnt from the concerned Branch Manager and the Accountant of the Office that the accused misappropriated the said amount of Rs. 13,200.04 paise and remained absent from the office and his services were terminated in the meantime.

(3.) Pursuant to the report, the case was registered and the informant Inspector of Vigilance was entrusted with the investigation of the case. In course of investigation witnesses were ex-amined, some documents were seized and after completion of investigation, the charge sheet against the accused-respondent for the offences as aforesaid, was submitted by another officer since the first I.O. was transferred in the mean time.