Judhisthir Pradhan vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Judhisthir Pradhan – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant :Mr. H.K. Mund, Advocate
For the Respondent: Mr. M.S. Rizvi, Addl. Standing Counsel.

Table of Content
1. conviction details and prosecution case. (Para 1 , 2)
2. appellant's denial and grounds of appeal. (Para 3 , 7)
3. prosecution's arguments against the appellant. (Para 8 , 9)
4. charge framing and requirement for details. (Para 10 , 11 , 12)
5. prosecution's burden to prove entrustment. (Para 14 , 15)
6. court's decision to set aside conviction. (Para 16 , 17)

JUDGMENT :

The Appellant challenges the judgment dated 3rd February, 2003 passed by learned Special Judge Vigilance, Sambalpur in T.R. Case No.19/1993 convicting him under Section 13 (2) read with (1)(c) of the P.C. Act and Section 409 of I.P.C. and sentencing him to undergo R.I. for one year and to pay fine of Rs.5,000/-, in default to undergo R.I. for three months on each count for the aforementioned offences. The sentences were directed to run concurrently.

3. The Appellant took the plea of denial. He also took the specific plea that the shortage of materials was already there since the time he took over charge from his predecessor.

5. The trial court, on consideration of the evidence on record held that out of 11 items the accused could account for 10 but could not account for one item i.e., 29 kgs. of 16 M.M

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IN THE HIGH COURT OF ORISSA AT CUTTACKSASHIKANTA MISHRAJudhisthir Pradhan – AppellantVersusState of Odisha – Respondent

Cases Referred (1)

IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Judhisthir Pradhan – Appellant
Versus
State of Odisha – Respondent