KARUNAKAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Legality of conviction for commission of offences punishable under Section 5(1)(c) read with Section 5 (2) of the Prevention of Corruption Act, 1947 (in short, 'the Act') and under Section 409 of the Indian Penal Code, 1860 (in short. 'IPC'), and sentences of rigorous imprisonment of three years on each count, imposed is the subject -matter of challenge in this appeal by appellant Karunakar Pradhan (hereinafter referred to as 'the accused'), who was found guilty by the learned Special Judge (Vigilance), Sambalpur and sentenced as aforesaid.

(2.) ACCUSATIONS which led to the trial and conviction of the accused essentially are as follows : Forest Department of the State collects Kendu leaves, and after processing and bundling, those are stored in the Central Godown. Thereafter they are handed over to the Orissa Forest Corporation (in short, 'the Corporation') which takes care of the same and puts them to auction. 115/5 lots were stored in Srirampur Central Godown out of which the case at hand relates to Lot No. S -114/5. The said stock was handed over to the Corporation on 10 -12 -1980, and in auction held in 1981 one Rasiklal Company became the highest bidder. When the agent of the said company (PW 4) went to take delivery, it was found that there was shortage of 82 bags of Kendu leaves. One lot consisted of 100 bags, and each bag contained 12 bundles. The shortage occurred during the period from 30 -4 -1981 to 6 -5 -1981 when the appellant -accused and one Haladhar Mahanta (Watchman) were in charge of Srirampur Central Godown, and as such there was misappropriation of stock valued at nearly Rs. 40, 000/ -. This, according to the prosecution, constituted offences punishable under Section 5 (1) (c) read with Section 5 (2) of the Act, and Section 409, IPC.

(3.) THIRTEEN witnesses were examined to further the prosecution case, PW 1 was the Range Officer, Gurusalal, PW 2 was the Supervisor of Pallahada Kendu Leaves Division, PW 4 was the agent of Rasiklal Company, PW 5 was the Assistant Conservator of Forests, Pallahada Kendu Leaves Division, PW 6 was the Divisional Manager of the Corporation, PW 7 was the Assistant Accounts Officer of the Corporation, PW 8 was the Range Officer, Gurusalal Kendu Leaves Range, PW 9 was the Clerk of the Sub -Divisional Forest Office, PW 10 was the Supervisor, Kendu Leaves, Pallahada, PW 11 was the Assistant Conservator of Forests posted as Sub -divisional Officer, Kendu Leaves, PW 1? was the Investigating Officer and PW 13 was the sanctioning authority. The accused examine himself as DW 1 to prove his in nocence.