R VANLALTANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel appearing for the appellant as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for the State/respondent No. 1. None appeared for the respondent No. 2/complainant.

(2.) This appeal is preferred against the Judgment & Order, dated 14.11.2018, passed by the learned Special Judge, Mizoram in SR (PCA) No. 5/2015 (arising out of ACB P.S. Case No. 5/2013, dated 16.09.2013).

(3.) The prosecution case, in a nutshell, is that the Anti Corruption Bureau [ ACB in short] received a complaint from Pi Vanramchhuangi of Chaltlang Dawrkawn, Aizawl, on 22.07.2013, to the effect that the professional tax deducted from the staff of 2nd IR Battalion, Khawzawl, during the year, 2012 amounting to Rs. 18,99,820/- was not credited to the Government account. Accordingly, a Preliminary Enquiry being No. 12/2013 was registered and the case was endorsed to Inspector B. Lalnghakliana (PW-2), who, after due preliminary enquiry, having found prima facie material reported on the complaint in the affirmative. Pursuant thereto, the Enquiry Officer lodged an FIR with the Superintendent of Police, ACB, Aizawl, whereupon ACB P.S. Case No 5/2013, dated 16.09.2013, under Section 409 of the IPC read with Sections 13(1)(c) & (d) and Section 13(2) of the Prevention of Corruption Act, 1988 ( P.C. Act for short) was registered on 16.09.2013 against the accused/appellant. The case was investigated by Inspector K. Lalnithanga, who, after completion of investigation laid a charge sheet under the aforesaid Sections of law against the accused appellant. Thereafter, the learned Special Judge framed charges as charge sheeted. In course of trial, the prosecution examined 17 witnesses. After closing the evidence of the prosecution side, the statement of the accused/appellant was recorded under Section 313 Cr.P.C. The accused pleaded innocent and inclined to examine himself as a witness in his defence. The accused/appellant accordingly examined himself as DW-1. The prosecution cross examined him. Thereafter, the learned Trial Court on hearing arguments of both sides and appreciation of both sides, convicted the accused/appellant under Section 409 of the IPC and sentenced to undergo rigorous imprisonment for 4 (four) years and to pay fine of Rs. 50,000/-, (Fifty Thousand) only, in default to suffer rigorous imprisonment for 1 (one) year.