NIHAR RANJAN PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Nihar Ranjan Pati faced trial in the Court of learned Special Judge, Vigilance, Berhampur, Ganjam in G.R. Case No. 49 of 1996(V) / T.R. Case No. 09 of 1998 for offences punishable under section 13(2) read with section 13(1) (c) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and sections 409 and 471 of the Indian Penal Code.

(2.) The prosecution case, as per the first information report dated 13.08.1996 lodged by Shri Raj Kishore Choudhury (P.W.12) , Inspector of Vigilance, Rayagada before the Superintendent of Police, Vigilance, Berhampur Division, Berhampur is that during course of vigilance enquiry, it was ascertained that the appellant was the Jr. Clerk -cumAccountant in the office of the Secretary, Regulated Market Committee, Rayagada from 24.07.1987 to 18.01995. During his incumbency as such, he misappropriated Rs.27, 689/- (rupees twenty seven thousand six hundred eighty nine) only which in detail are as follows:-

(3.) On the basis of the written report presented by P.W.12, Berhampur Vigilance P.S. Case No. 49 of 1996 was registered under section 13(2) read with section 13(1) (c) of the 1988 Act and section 409 of the Indian Penal Code against the appellant. The Superintendent of Police, Vigilance directed P.W.12 to take up investigation of the case. During course of investigation, P.W.12 examined the witnesses, seized the original cash receipt book no.9, containing receipt no. 894 as per seizure list Ext.1, cash books of the year 1992, 1993, 1994 and 1995, stock and issue register of receipt book w.e.f. 01.11.1994 till 31.10.1995, general ledger of the year 1994-95, money receipt book no. 9, carbon copy of the charge report relating to taking over charge of the appellant, another charge report relating to handing over charge by the appellant, house rent/godown rent correspondence file and service book of the appellant as per seizure list Ext.2. The cash book and the service book were released in the zima of one Gouri Prasad Patro (P.W.10) under zimanama Ext.2/2. On 19.09.1996 P.W.12 also seized the money receipt book no.17, issue register of receipt book, general ledger, plain paper hand receipts of Rs.2041/- and Rs.2472/- issued by the appellant as per seizure list Ext. P.W.12 also obtained specimen signature of the appellant and sent the same to the Handwriting Bureau, Bhubaneswar through S.P., Vigilance, Berhampur and he received the opinion of the Govt. examiner on the questioned documents. P.W.12 produced the copy of the F.I.R., copy of the seizure list, opinion of the handwriting expert and case diary etc. before the Sub-Collector, Rayagada on 05.12.1997 and also discussed with him and on the next day, he received the sanction order to launch prosecution against the appellant from Sub-Collector, Rayagada vide Ext.7. On 6.12.1997 the appellant was arrested and was released on bail. On completion of investigation, P.W.12 submitted charge sheet on 19.12.1997 against the appellant under section 13(2) read with section 13(1) (c) of 1988 Act and sections 409 and 471 of the Indian Penal Code.