HRUDAYA BIHARI MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant has preferred this appeal assailing the judgment and order of conviction under Section 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and sentence dated 26.9.2007 passed there under by learned Special Judge (Vigilance), Cuttack to undergo R.I. for a period of six months and to pay a fine of Rs. 1000/- in default to undergo further period of one month for offence under Section 7 of P.C. Act and to undergo R.I. for a period of one year and to pay a fine of Rs. 1000/- in default to undergo R.I. for a further period of one month for offence under Section 13(2), P.C. Act. The sentences are to run concurrently.

(2.) Briefly stated the case of the prosecution is that the complainant (P.W.6) was working as P.E.T. in Gababasta High School which comes under the jurisdiction of C.I. of Schools, Cuttack. For release of his arrear salary, he approached this Court. Despite the order, arrear dues were not released and accordingly, a contempt application was lodged. During its pendency the complainant approached the accused who was a clerk in the office of C.I., Cuttack. The appellant however demanded a sum of Rs. 1000/- as gratification for the work. The accused being aggrieved reported the matter to Vigilance, who laid a trap to detect the crime. On 3.12.2003 the appellant was caught red handed while accepting the bribe.

(3.) The learned Special Judge, Vigilance, Cuttack on consideration of the evidence adduced by the prosecution held him guilty of the offence under Sections 7/13(2) of the Prevention of Corruption Act.