Advocates:
['M/S S DAS', '', 'A MOHANTY', 'B PATTNAIK', 'H S SATAPATHY', 'A K NAYAK', 'L SAMANTRAY', 'B N UDGATA', 'MANORANJAN PADHIAMICUS CURIE', 'B K SINHA', 'ASC']

CRLREV No.218 of 1997 Page 1 of 11

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRREV NO.218 OF 1997

(From the judgment dated 10th November, 1994 passed by learned

J.M.F.C., Digapahandi in G.R. Case No.57/1990 (T.R. No.439/91)and

judgment dated 17th March, 1997 passed by learned Second Addl.

Sessions Judge, Ganjam, Berhampur in Crl. Appeal No.11/1996 (Crl. A.

No.195/1994 (GDC))

Naresh Pradhan … Petitioner

-versus-

State of Orissa … Opposite Party

Advocates appeared in the case through hybrid mode:

For Petitioner : Mr. S.D. Das, Sr. Advocate

-versus-

For Opposite Party : Mr.P.Tripathy

Addl. Standing Counsel

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CORAM:

JUSTICE SASHIKANTA MISHRA

JUDGMENT

05.7.2022.

Sashikanta Mishra,J. The Petitioner was convicted for the offence under Section

409 of I.P.C. by the learned J.M.F.C., Digapahandi vide judgment

dated 10^th November, 1994 in G.R. Case No.57/1990 (T.R.

CRLREV No.218 of 1997 Page 2 of 11

No.439/1991) and was sentenced to R.I. for two years and to pay

fine of Rs.3000/-, in default, to undergo further R.I. for six

months. The said judgment of conviction and sentence passed by

the trial court was confirmed in appeal by the learned Second Addl.

Sessions Judge, Berhampur in Criminal Appeal No.11/1996 as per

the judgment passed on 2nd April, 1997. Challenging the

aforementioned judgments, the Petitioner has filed the present

Revision.

2. The facts of the case are that the Petitioner was the Sarpanch

of Podamari Grama Panchayat during the year 1989 and pursuant

to Government Notification dated 22^nd December, 1989 the

Sarpanchs were asked to hand over charge to VLW. Accordingly,

by order dated 26^th December, 1989 issued by the BDO,

Sanakhemundi, the Petitioner was directed to hand over charge to

the VLW which he did on 4^th January, 1990, but he failed to hand

over the cash balance of Rs.31,392/- drawn by him in Jawahar

Rojagar Yojana (JRY) which was kept in his personal custody.

As such, the BDO, Sanakhemundi lodged F.I.R. before Pattapur

P.S. on the basis of which P.S. Case No.23/1990 was registered

under Section 409 of I.P.C. and investigation was taken up. In

course of investigation GRY account of Podamari Grama

CRLREV No.218 of 1997 Page 3 of 11

Panchayat for the year 1989-90 was audited by the Departmental

Auditor who found that cash of Rs.31,392/- was kept with the

Petitioner which he failed to produce during the audit nor could he

submit the vouchers and as such, held that the Petitioner had

misappropriated the funds. Upon completion of investigation

charge sheet was submitted. While taking the plea of denial the

accused took the specific plea that the amount in question was

received by the Secretary of Grama Panchayat and that vouchers

for the amount had been submitted, which was utilized for

development work. He further claimed that he had never been

asked by the Auditor during audit and that all the vouchers are kept

with the Secretary.

Prosecution, in order to prove its case examined seven

witnesses and also proved the documents marked Exhibits 1 to 7.

The accused examined four witnesses from his side and exhibited

four documents marked Exts.A to E. After analyzing the evidence

on record in detail the trial court held that entrustment of the

amount in question was clearly established and, therefore, the onus

was on the