CUTTACK: The Orissa High Court on Thursday disposed of a 32-year-old case and acquitted an erstwhile public servant who was convicted in a vigilance case for forgery and falsification of accounts and criminal misappropriation of Rs 2,400.
Following conviction, the Court of Special Judge, Bhubaneswar had sentenced him to two years imprisonment on April 6, 1988. A fine was also imposed on him. Managobinda Mohapatra, who was a clerk in Jaleswar NAC, had filed a criminal appeal in HC challenging the trial court order.
While admitting it, the HC had directed for release of the petitioner on bail and stayed realisation of fine amount on April 27, 1988. The case was listed before different benches for hearing but it was adjourned either on prayer of counsel for the petitioner or learned counsel for the Vigilance. As a result, the case had languished all these years till it was listed for hearing on August 6, 2020. As the counsel for petitioner did not appear on that day, Justice SK Sahoo appointed advocate Deba Prasad Das as Amicus Curiae in the case.
When Das was ready for hearing on August 13, 2020, the petitioner’s counsel appeared and sought for two weeks adjournment. But Justice Sahoo refused and concluded hearing on that day and reserved judgment. While allowing the appeal on Thursday, Justice Sahoo ruled that the conviction and sentence passed by the trial court is not sustainable in the eye of law.
Justice Sahoo set aside the trial court verdict while endorsing the Amicus Curiae’s submission that the prosecution has miserably failed to prove the charges against the appellant beyond all reasonable doubt and therefore, benefit of doubt should be extended in his favour. Justice Sahoo also sought cooperation of the Bar for disposal of old cases.