S.K. MANSUR ALLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated 13.02.1989 passed in T.R. No. 09 of 1996 by the learned Special Judge (Vigilance), Sambalpur convicting the Appellant under Ss. 5(2) of the Prevention of Corruption Act, 1947 (for short the 'P.C. Act') as well as Ss. 467, 471 and 477 -A of the Indian Penal Code (for short the 'I.P.C) and sentencing him to undergo R.I. for one year on each count.

(2.) Prosecution case, as made out in the F.I.R. Ext.26, lodged by Inspector of Police -Vigilance, Deogarh (not examined), is that in course of vigilance enquiry it was found that the Appellant was working as Accountant -cum -Cashier in the office of the Executive Engineer, Agro Industries Corporation at Deogarh from 1980 to January, 1982. He was entrusted with the work of both preparing the bills of and disbursing cash to the contractors as per the payment orders made by Executive Engineers who were posted from time to time during that period. The Contractors used to take advance payments from time to time which amounts were adjusted from their final bills. P.W.4 Edward Lakra was working as a job rate contractor and used to take advances in respect of work for reclamation of lands for settlement of people of the submerged area of Rengali Dam Project in Deogarh Sub -Division. Although the vouchers disclosed payments of Rs. 31,600/ - as advance and Rs. 13,468 towards running bills, totalling Rs. 45,068/ -, to P.W.4 against his total bill amount of Rs. 54,730/ -, in course of vigilance enquiry P.W.4 denied to have received Rs. 14,100/ - in respect of 12 vouchers Exts.7, 8, 9/12, 10 to 13, 14/1 and 15 to 18 or to have signed on those vouchers acknowledging receipt of the amounts. It was alleged that the Appellant forged the signatures of P.W. 4 on the vouchers and misappropriated a sum of Rs. 14,100/ -. On receipt of the F.I.R., the Superintendent of Police, Vigilance Northern Division, Sambalpur directed to register the case under Ss. 5(2) read with 5(i)(c) of the P.C. Act as well as Ss. 409/468 of the I.P.C. against the Appellant and entrusted the Inspector of Police -Vigilance, Deogarh with the investigation. In course of investigation, witnesses were examined, documents were seized and report of the Handwriting Expert was obtained by the investigating officers, including P.Ws. 12 and 13, who were in charge of investigation during different periods. On completion of investigation, P.W. 12 submitted charge -sheet against the Appellant for commission of forgery and falsification of accounts in respect of Ext. 16, the voucher No. 581 dated 29.06.1981, showing false payment of Rs. 1000/ - only to P.W.4 under Ss. 5(2) read with 5(i)(c)(d) of the P.C. Act and Ss. 467 and 477 -A of the I.P.C. The Appellant faced the trial on charge of commission of offences punishable under Ss. 5(2) of the P.C. Act as well as Ss. 467 and 477 -A of the I.P.C.

(3.) The Appellant took the plea of the complete denial to the prosecution allegations.