DEBANANDA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31.10.2006 passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No.6 of 2003 convicting and sentencing the appellant for commission of offence under Section read with Sections and of the Prevention of Corruption Act (in short, "the Act").

(2.) THE facts leading to the prosecution case are as follows:

(3.) IN support of the case, the prosecution examined as many as six witnesses and the defence examined three witnesses. The prosecution exhibited nine documents which were marked Exts. 1 to 9. The defence did not produce any documentary evidence. The material objects were marked as M.Os. I to IV. P.W.3 -Ekamra Kabi is the complainant. P.W.2 -Ratan Majhi is an officer of Allahabad Bank. P.W.4 -Rasananda Munda is an officer of Canara Bank who accompanied the complainant to pay the G.C. notes in question to the accused. P.W.5 is the Inspector of CBI who was a trap laying officer. P.W.1 is a S.D.O.(T), B.S.N.L., Khurda who approved the application of the complainant and feasibility report, etc. for giving telephone connection to the complainant. P.W.6 is the Inspector, CBI, Bhubaneswar who after completion of investigation filed charge -sheet against the accused. The accused examined himself as D.W.3 and two other witnesses are Rohit Kumar Mallik and Ajaya Kumar Pradhan who had been examined to establish the defence case that the accused accepted the bribe money for giving telephone connection to the complainant. The complainant had taken a friendly loan from the accused for the treatment of his niece much prior to the trap, but instead of returning the same, the accused had been falsely implicated in the case.