Decided on March 23,2018

N. Pallai Respondents


PRASANTA KUMAR DEKA,J. - (1.) Heard Mr. AK Rokhum, learned Public Prosecutor, Mizoram. Also heard Ms. Dinari T. Azyu, learned counsel appearing on behalf of the respondent No. 1 and Mr. Lalfaka--wma, learned counsel appearing on behalf of the respondent No. 2.
(2.) This is an appeal under Section 378 of the Code of Criminal Procedure (for short CrPC) against the impugned judgment and order of acquittal dated 19.03.2015 passed by the learned Special Judge, Prevention of Corruption Act, 1988 (for short, PC Act, 1988) Mizoram at Aizawl in criminal trial No. 1172/2010 arising out of ACB Case No. 1/2010 under Sections 120B/409 read with Section 11/13(1)(d)/13(2) of the PC Act, 1988.
(3.) The prosecution story in brief is that Pu. Malsawma, Under Secretary to the Government of Mizoram, Vigilance Department conveyed approval of the Chief Vigilance Officer, Government of Mizoram vide letter No. C31016/14/2010-VIG dated 24.02.2010 to conduct discreet enquiry on corruption charges against two officers working under the Health Department and the Ex-Health Minister. The SP, ACB registered ACB Enquiry No. 5/2010 dated 03.03.2010 and the Deputy SP, ACB conducted discreet enquiry into the matter and submitted his findings on 17.03.2010. The Enquiry Officer found that the original fund for AYUSH building amounting Rs.53,68,000/- was not sufficient as per the plan and estimate prepared by the Assistant Engineer (Engineering Cell, DHS). The engineering cell prepared plan and estimate for around Rs. 55,00,000/- for construction of the said building at the Civil Hospital complex. In the mean time, Rs. 18,84,000/- was deposited to AYUSH accounts by the Directorate of Health and Medical Education (DHME) for the fund released by the PWD for OPD building. The said two funds were clubbed together amounting Rs. 72,52,000/- for the construction of the AYUSH building. The motive behind the clubbing together of the two funds is to cover up the deficiency of the AYUSH funds for the construction of the building by utilizing only Rs. 1,84,000/- from DHME fund and divert Rs. 17,00,000/- from the total amount for their pecuniary benefits.;

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