TAPAN KUMAR SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.5.2002 passed by the learned Special Judge, North Tripura, Kailashahar in Special Case No. 03 of 1991 convicting the appellant Sri Tapan Kumar Saha under Section 5(2)(c) of the Prevention of Corruption Act (for short, PC Act), 1947 (since repealed by 1988 Act) and thereby sentencing him to suffer rigorous imprisonment for 4 (four) years and to pay a fine of Rs. 10,000/-, in default, to suffer rigorous imprisonment for a further period of six months. Being aggrieved by the said judgment and order of conviction and sentence the appellant has come up with this appeal.

(2.) I have heard Mr. A. K. Banerjee, learned counsel for the appellant and Mr. A. Ghosh, learned Addl. PP for the State.

(3.) The prosecution case, in brief, may be stated as follows :- During the period from 8.4.1982 to 11.3.1983 the department of Animal Husbandry, Government of Tripura received an amount of Rs. 56,000/- under Urban Poultry Scheme. During the said period Mr. Mrinal Kanti Paul was the DDO and Mr. Tapan Kumar Saha i.e. the appellant was the Cashier in the office of the Deputy Director, Animal Husbandry, Government of Tripura. Out of the said fund, an amount of Rs. 20,300/- was spent towards implementation of the Scheme, leaving a balance of Rs. 35,700/-. For the purpose of depositing the balance amount, two challans were prepared and an amount of Rs. 3,815/- was deposited by a challan, while another amount of Rs. 885/- was deposited by another challan. The said amounts were deposited with the United Bank of India (UBI), Kailashahar Branch. The prosecution case was that the appellant/accused person inserted the figure '3' before the figure '3815' making the amount as Rs. 33,815.00 and figure '1' before the figure '885' making the amount as Rs. 1,885.00 and thereby misappropriated an amount of Rs. 31,000/-. According to the prosecution, during the relevant period, the challans and the cash books were prepared by the appellant in his capacity as Cashier. The fact regarding misappropriation of an amount of Rs. 31,000/- was revealed during a vigilance inquiry conducted by Sri Salil Ganguly. The matter was brought to the notice of the Deputy Director, Department of Animal Husbandry, Government of Tripura, who lodged the FIR with the O.C., Kailashahar Police Station and the same was registered as a special case under the Prevention of Corruption Act. At the conclusion of the investigation, the I.O. submitted the chargesheet against Sri Tapan Kumar Saha (appellant). Dr. B. B. Saha (since deceased) and Dr. Mrinal Kanti Paul under Section 5(1)(c) of the PC Act, 1947. The learned Special Judge framed charge under Section 5(1)(c) of the PC Act, against Sri Mrinal Kanti Paul and Sri Tapan Kumar Saha, to which the accused persons pleaded not guilty. The prosecution examined as many as 9 witnesses. The accused was examined under Section 313 CrPC. While denying the allegations, the accused-appellant declined to adduce evidence. Considering the materials on record, the learned Special Judge found the appellant guilty of the offence under Section 5(1)(c) of the PC Act and convicted him under Section 5(2) of the PC Act. Accordingly, the appellant was sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for a further period of six months.