STATE C B I Vs. FAZAL ALI

JUDGEMENT

(1.) This revision petition is directed against the order dated 29.9.94 passed by the learned Special Judge, Assam in Special Case No. 8(C) of 1993, discharging the opposite parties of the offences under Section 120B/420 IPC and U/s. 13(2)R/w Sec. 13(i)(d) of the P.C. Act, 1988.

(2.) I have heard Mr. D. K. Das, learned Senior counsel for the petitioner and Mr. A. C. Sarma, learned counsel for the opposite parties.

(3.) The facts in short are that a case being R.C. 23(A)/92 SHG was registered against the opposite party and one Sri H.K. Nath. Section Supervisor (O), O/O SDOP, Dispur dated 31.7.92 on the allegation that while the accused officials were posted and functioning in their respective capacities in the Office of the S.D.O.P. Dispur during 1990-91 had entered into a criminal conspiracy with the O.P. No.2 and others in pursuance whereof they facilitated unauthorised use of some other telephone connections causing huge loss to the department and undue pecuniary benefit to the PCO subscribers etc. The investigation was conducted by the CBI and a charge sheet was laid on 28.12.92 against the opposite party under the aforementioned sections of law. It was mentioned therein that a STD PCO No. 60099 was provided by the Telephone Department at N.H. 37, Beltola in the name of O.P. No.2 in March, 1990. The O.P. No. 1 was at the relevant time functioning in the said area as the regular Mazdoor of the department. The opposite party entered into a criminal conspiracy in pursuance of which the O.P. No. 1 had looped the Telephone No. 60099 with another Telephone No. 61149 belonging to the Commissioner of Border, Khanapara with effect from 15.9.91 to 31.10.91 without any authority. As a result, the meter of the Telephone No. 61149 registered a total additional 60695 calls/units and after deducting the total meter reading of 9927 calls from the meter of STD PCO No. 60099, the total revenue to be realised from the PCO Telephone No. 60099 was Rs. 45,691.20. The charge sheet further disclosed that enquiries were also made about the said anomalies by Sri KK Das, the AE (Vig) and Sri MN Sonowal, the then SDOP, Dispur before whom the O.P. accused confessed their guilt in writing. The O.P. No. also paid up the amount of Rs 145,691.20 on 25.4.92. Case No. 8(c) 93 was registered on the said charge sheet.