Bhubaneswar: Vigilance cases end in acquittal due to complainants and witnesses turning hostile during trial and giving false testimony to help corrupt Public/Govt. servants being prosecuted.
In order to tackle the hostility of witnesses, aggressive actions have been initiated by Odisha Vigilance recently. As per the strategy, steps are being taken to initiate criminal action for perjury under the IPC against such complainants and witnesses turning hostile. Also, departmental action is being pursued against official Govt. witnesses turning hostile.
So far, in the last two years, 45 perjury cases have been initiated by Odisha Vigilance against complainants/witnesses turning hostile during trial. Similarly, disciplinary authorities have been approached to initiate departmental action against official (government) witnesses for giving false testimony to help the corrupt accused government/public servants at the time of trial.
One such official witness, Upendra Bhanja Naik, A/p-Asst. Engineer, RWSS Section, Bijepur, Bargarh was recently dismissed by the Govt. for tendering false evidence during trial.
The case relates to Sambalpur Vigilance PS Case No.22/2011, where Upendra Bhanja Naik while serving as JE, RWSS Section, Sohela, Bargarh had been requisitioned as an official witness to witness the detection of trap against accused Anand Saraf, the then Senior Clerk, O/o Executive Engineer, West Electrical Division, Bargarh.
Although, Naik had witnessed the transaction of bribe, during trial, he resized from his earlier statements and deposed false evidence to help the accused leading to acquittal in the case.
Hence, as per the recommendation of Odisha Vigilance, departmental proceeding was initiated against Naik by H & UD Dept, Govt. of Odisha and finally he was dismissed from service by the competent authority.
The dismissal orders were received yesterday at the Vigilance Directorate. During detection of bribery cases, Odisha Vigilance carries out all proceedings in the presence of official (government) witnesses who are explained all aspects of the action taken.
Accordingly, memoranda/reports are prepared and official witnesses certify the correctness of the action taken by being a signatory to the memoranda/reports. Thereafter, in addition to the recording of their statement u/s 161 CrPC, they are also put up before a Judicial Magistrate and their testimony is recorded u/s 164 CrPC by the Magistrate. Besides, during trial, Prosecution Liaison Officers (PLOs) and Vigilance Prosecutors (PPs) closely monitor the testimony of these witnesses.
In spite of all such precautions taken by Odisha Vigilance, at times, some official witnesses, during trial, turn hostile and resile from their previous statements, thereby helping the accused corrupt public/government servants to get acquitted from the case. In such cases, strong criminal and departmental actions are being initiated against them.
Odisha Government has set up 21 independent Vigilance Courts throughout the State to exclusively try corruption cases. Govt. has recently sanctioned posts of Prosecution Liaison Officers in all Vigilance Courts for closely monitoring trial of Vigilance cases.
Also, a battery of Vigilance Prosecutors exclusively conduct the prosecution under the direct supervision of a District Judge rank Legal Advisor of Odisha Vigilance and the Director Vigilance.
All acquitted Vigilance cases are being analysed threadbare and corrective actions initiated.
Rewards for successful prosecution and responsibilities for willful lacunae in investigation/ prosecution are being fixed.
Such strong actions have helped Odisha Vigilance in ensuring a high conviction rate in corruption cases. In 2022, the overall conviction rate in Vigilance cases was around 50% and the conviction rate in DA cases was a significantly higher 77%, ranking Odisha Vigilance among top performing States with regard to conviction in DA cases.
Odisha Vigilance is committed to take strong legal and Departmental actions against witnesses turning hostile to help the accused in corruption cases.
