DINABANDHU PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT , a Deputy Forest Ranger has been convicted under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act and under Section 477 -A, Indian Penal Code and sentenced to undergo rigorous imprisonment for six months on each count and to pay a fine of Rs. 500/ - with a default sentence of rigorous imprisonment for a further period of three months for the offence under Section 5(1)(c) read with Section 5(2) of the Act. The substantive sentences of imprisonment have been directed to run concurrently.

(2.) IN the year 1970, while the Appellant was posted as Deputy Ranger in Debagiri Forest Range under Parlakhemundi Forest Division, he used to be entrusted with cash from time to time for departmental work in the Forest within his Range. It was alleged that although the Appellant had drawn and shown to have spent an amount of Rs. 675/ - for collection, conversion and stacking of timbers in Allamanda Reserve Forest, he did not actually spend the amount for the aforesaid purposes, but mis -appropriated the same and submitted false voucher (Ext. 11) and measurement -book (Ext. 10) and made false entry in the cash book (Ext. 12). On receipt of confidential information about the misappropriation. P.W. 1, the Vigilance Inspector lodged F.I.R. (Ext. 1) before the S.P., Vigilance, Southern Division, Berhampur who directed the officer -in -charge of the Vigilance Police Station to register a case and P.W. 19 the Vigilance Inspector to take up investigation. P.W. 19 did the bulk of the investigation and on his transfer his successor (P.W. 17) took over charge of the investigation and in due course submitted charge -sheet against the Appellant.

(3.) THE order of conviction is based mainly on the evidence of P.Ws. 2, 5, 6, 13, 14 and 18 and the documents Exts. 10, 11, 12, 8, 9, 13, 14, 23 and 28.