DUTTAHARI MOHAPATRA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 5(2) of the Prevention of Corruption Act, and Sections 467 and 477 -A, Indian Penal Code, sentenced to undergo rigorous imprisonment for one year under the first count, while no separate sentences have been awarded under the latter to counts.

(2.) ADMITTEDLY , the Appellant was working as the Electrical Supervisor, Telegraphs, Cuttack during the period from November, 1958 in May, 1960. According to the prosecution, while so working between the dates 23 -8 -1959 and 7 -5 -1960, he dishonestly and fraudulently misappropriated Rs. 200 -62 out of the imprest cash entrusted to him during the aforesaid period and to recoup the said amount, he falsified certain imprest bills vouchers and committed forgery of receipts. Appellants, in defence denied the allegations in to and pleaded that he did not falsify any imprest bills or commit forgery in respect of any receipt. The learned Special Judge who tried the case found him guilty of all the charges, convicted and sentenced him, as stated above.

(3.) IT is not disputed that during the relevant period Appellant was working as Electrical Supervisor, Telegraphs at Cuttack and his duties were to look after the installation and maintenance of electrical works in the buildings belonging to the Telegraph Department. It is also admitted that in his official capacity Appellant, was originally entrusted with imprest cash of Rs. 100./ - which was subsequently enhanced to Rs. 200./ - and he was autherised to engage casual labourers and make sundry purchases, if necessary, in connection with installation and maintenance of the electrical works meeting the cost out of the imprest cash in his possession which he was to recoup by submitting imprest bills supported by vouchers to his official superior (p.w. 1). There is no dispute that Appellant submitted the imprest bills (Exs. 1. 5, 7, 10 and 11) certifying that he had incurred the expenditure for the items mentioned therein which were duly passed and payment made to him by way of recumbent of the imprest cash.