STATE OF ORISSA Vs. DR BISWANATH HOTA

JUDGEMENT

(1.) This is an appeal against the judgment of acquittal dated 28.11.2000 rendered by the learned Special Judge (Vigilance), Berhampur in G.R. Case No.2 of 1994 (V), whereby the respondent was acquitted of the charges under Sections 13(1)(d) and 7 of the Prevention of Corruption Act, 1988 (hereinafter referred as the "Act" for brevity).

(2.) Case of the prosecution, in brief, is that on 04.01.1994, complainant Rabi Moharana went to the City Hospital, Berhampur with his wife Sujata for medical check up as she was feeling pain in her stomach. On instruction of the doctor at the outdoor, the complainant took his wife to the Gynaecology Department of the hospital. Upon examination it is alleged that the respondent, who was then Gynaecology Specialist of that hospital, informed the complainant that the baby inside the womb was already dead. He advised to wash the uterus and demanded a sum of Rs.300/- as bribe. In spite of repeated request, the accused did not listen. Thereafter, on the next day i.e. on 05.01.1994, the complainant met the respondent at his residential office. Then the doctor asked the complainant to come on 06.01.1994 with the cash of Rs.300/- and his wife to the hospital for the purpose of washing. On such allegation, the complainant lodged a written report before the Superintendent of Police (Vigilance). He directed the Inspector of Vigilance, Berhampur to take up investigation and detect the case by laying a trap. Thereafter, the Inspector of Vigilance completed all formalities for a trap and on 06.01.1994, in presence of official witnesses a trap was laid and during such trap, the tainted G.C. notes, smeared with phenolphthalein powder were recovered from the possession of the accused. Thereafter, after further investigation, charge-sheet was submitted against the accused.

(3.) The accused denied the charges leveled against him. He specifically took the plea that while he was in hospital, someone came and kept some money forcibly in his pocket and while he was protesting to such action of that man, two Vigilance Officers came and recovered money from his possession, though in fact he had never taken up any medical check up of the wife of the complainant nor demanded any bribe from him.