HC suspends execution of lower court order convicting 2 Mizoram PWD engineers

Guwahati: The Aizawl bench of the Gauhati high court has suspended the execution of a lower court order convicting two Mizoram PWD engineers of corruption after it did not find any evidence against them.
Justice Marli Vankun, who was hearing the plea filed by chief engineers Sh. Lianchungnunga and Sh. Liansanga, challenging the conviction passed by the lower court on December 14, took note that the trial court while acquitting another accused in the same case had mentioned that the present petitioners “have no liabilities on those issues or points and are entitled to exonerated them”.
“It thus appears that the learned trial court did not find any evidence against the instant applicant (petitioner here), however, in spite of this observation the applicant or appellant has been convicted under sections 120(B) and 420 of the Indian Penal Code and sections 13(2), 13(1)(c) and (d) of the Prevention of Corruption Act,” the judge noted.
The engineers were convicted in a graft case by the special court (PC Act) in Aizawl on December 14 and one PWD accountant, B Lalthanpuia, was acquitted by the court for lack of evidence. B Vanlaltana, president of the Hmarphei Zirlai Pawl (student association of northern Mizoram), had submitted a written complaint to the SP (ACB) on November 3, 2009 alleging that there was a defalcation of funds in the resurfacing work of Serkhan-Bagha Road by the state PWD. Liansanga was accused of misappropriating Rs 107.25 lakh by abusing his official position, while Lianchungnunga was accused of swindling Rs Rs 42,147 and abusing his official position.
Senior advocate Ansghuman Bora, who argued for the petitioners (the engineers) in the high court, submitted before the court that “there was no proper prosecution sanction since the sanctioning authority was not examined by the trial court. Further, the trial court had acquitted the actual prime accused who had made a confession under Section 164 CrPC.”
He further submitted that on perusal of the deposition of three prosecution witnesses, it can be clearly seen that there is no direct transaction of cash and that the instant applicant or appellant is only the sanctioning authority. After hearing both the parties, the court stated, “This court finds it fit to suspend the execution of the sentence order passed by the learned special judge, Prevention of Corruption Act, and release the applicant or appellant on bail till the disposal of the appeal against the judgment & order dated 14.12.2022 with a bail bond of Rs 50,000 and with two sureties of the like amount.”