DOLAGOVINDA BARALA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This is an application under section 391 of Cr.P.C. filed by the appellant Dolagovinda Barala with a prayer to accept the copy of the 3rd task force proceeding dated 17.02.1989 as an additional evidence.

(2.) The appellant along with other co-accused persons faced trial in the Court of learned Special Judge (C.B.I.), Bhubaneswar in T.R. Case No.13 of 2000 and vide impugned judgment and order dated 04.01.2008, though the learned Trial Court acquitted the co-accused persons of all the charges but the appellant was convicted under section 420 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo R.I. for a period of one year and to pay a fine of Rs.50,000/- (rupees fifty thousand only), in default, to undergo R.I. for a period of three months on each count for the said offences and the substantive sentences were directed to run concurrently.

(3.) Mrs. Sujata Jena, learned counsel appearing for the appellant contended that the document which is sought to be adduced as additional evidence on behalf of the appellant was not available with the appellant during course of trial and the appellant applied under the RTI Act and the Public Information Officer, District Industries Centre, Cuttack has supplied the document on 04.09.2010. It is further submitted by the learned counsel for the appellant that the proceeding of the 3rd task force meeting which was held on 17.02.1989 for SEEUY 1988-89 is very much relevant for proper adjudication of the case inasmuch as it is the case of the appellant that at the time finalization of candidates eligible to get benefit under SEEUY Scheme, the appellant was not a part of the selection process and he has been falsely entangled in the case on the ground that he was the person who had played vital role in selecting fictitious persons for getting benefit of SEEUY scheme. She further submitted that the said document was seized by the CBI but it was not adduced as evidence during trial deliberately.