BISWANATH DALABEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is preferred against the judgement of the learned Special Judge (Vigilance), Sambalpur, convicting the accused-appellant under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentencing him thereunder to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for three months and further convicting him under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act without imposing any separate sentence thereunder.

(2.) The prosecution case may be briefly stated as follows : Accused was the Forester of Mahulpali Section within Bamra Forest Division of Sambalpur district during the period from 1972 to 1977. On 22-6-1976 he went to village Balimal where P.Ws. 1 and 2, who are brothers, were constructing separate buildings and accused them of having committed theft of logs from the forest. As the accused demanded Rs. 400/- from P.W. 1 and Rs. 200/- from P.W. 2 by way of penalty, they paid the amounts so demanded to the accused. The accused, after receiving the moneys from P.Ws. 1 and 2 told them that they can collect from him at Mahulpali the receipt for the amounts paid to him. Accordingly P.W. 1 went to Mahulpali about 8 or 10 days thereafter and received the receipt marked 'X' for identification from the accused. But P.W. 2 could not receive any receipt from the accused in spite of his approaching the accused several times demanding of him to give the receipt. The accused has not initiated any forest case against P.Ws. 1 and 2, nor did he show the amount of Rs. 600/- realised from him in the accounts of Mahulpali Section. On receiving information about it, the Inspector of Vigilance lodged the FIR Ext. 10 and on the direction of the S.P., Vigilance, Sambalpur, took up investigation of the case and after duly completing the investigation filed the charge-sheet against the accused.

(3.) The accused pleaded that during the period from 20-6-1976 to 23-6-1976 he was on duty at Bamra and on 22-6-76 he did not go to Balimal and he did not receive any moneys from P.Ws. 1 and 2 at any time and the case, was falsely foisted against him. The accused' examined D.W. 1 in support of his plea.