P. Sathasivam, J. - (1.) Leave granted.
(2.) This appeal is directed against the common final judgment and order dated 28.07.2010 passed by the learned Single Judge of the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 600 of 2004 which was filed by the Appellant herein along with Criminal Appeal (SJ) Nos. 576, 595, 609 and 625 of 2004 whereby the High Court dismissed the appeal upholding the order of conviction passed by the trial Court and reduced the sentence from two and a half years to one and a half years.
(3.) Brief facts: (a) Several schemes of National Rural Employment Programme (in short "NREP") executed between the years 1982-83 by the officers posted at Piro, District Ara with the assistance of some executing agents/agencies came under the scan of the Vigilance Department. Enquiries including remeasurement of the Schemes/works executed under these Schemes revealed that some local officers posted in the Block in connivance with agents appointed for few Schemes fraudulently withdrew and misappropriated the Government funds in relation to those schemes and created official records/documents to cover up such defalcation. (b) On 14.09.1983, one Hem Raj Prasad, Dy. S.P. Cabinet (Vigilance) Department, Government of Bihar, Patna, made a written complaint before the Office-in-charge, Vigilance Police Station, Patna, alleging that in Piro Block of District Ara, under NREP, six Schemes viz., Scheme Nos. 27/1982-83, 28/1982-83, 25/1982-83, 21/1982-83, 22/1982-83 and 14/1982-83 were executed and in those Schemes after preliminary enquiry, it was detected that Junior Engineer/agents of concerned Department/Agency have misappropriated government money in the said Schemes and as such the persons have committed an offence under Sections 120B, 420, 467, 468, 471(A) of the Indian Penal Code (hereinafter referred to as "the IPC") and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the P.C. Act"). On the basis of the said complaint, police lodged a First Information Report (in short "the FIR") and registered a Vigilance P.S. Case No. 18 of 1983 under the aforesaid sections. According to the Appellant, his name was not mentioned in the FIR. (c) On 14.09.1988, Special Case No. 87 of 1983 was initiated in the Court of Special Judge (Vigilance), Patna. After investigation, charge sheet was submitted wherein the name of the Appellant was figured for the first time as an accused, after more than 5 years of registration of the FIR and he was charge sheeted for offences under Sections 120B, 420, 467, 468 and 477A of the IPC and under Section 5(2) read with Section 5(1)(c)(d) of the P.C. Act. After examining the witnesses, the Special Judge (Vigilance) Patna, by order dated 19.07.2004, convicted the Appellant for the offences punishable under the aforesaid Sections and sentenced him rigorous imprisonment for a period of two and a half years and to pay fine of Rs. 15,000/- having default clause. (d) Aggrieved by the order passed by the Special Judge, the Appellant filed Criminal Appeal No. 600 of 2004 before the High Court of Judicature at Patna. The learned Single Judge of the High Court, by impugned judgment dated 28.07.2010, dismissed the appeal upholding the order of conviction passed by the trial Court but reduced the sentence from two and a half years to one and a half years. (e) Aggrieved by the said judgment, the Appellant has preferred this appeal by way of special leave before this Court. ;