SAROJAKANTA SAHU Vs. STATE

JUDGEMENT

(1.) THE appellant stood charged under Section 5(1)(d) of the Prevention of Corruption Act (in short 'the Act') punishable under Section 5(2) of the Act for obtaining pecuniary advantage for himself by use of corrupt and illegal means or abusing his official position as a public servant. He also stood charged under Section 161, I.P.C. for dishonestly accepting gratification other than legal remuneration with the motive for showing favour in exercise of his official functions as clerk.

(2.) THE facts leading to this appeal are briefly narrated hereunder:

(3.) THE plea of the accused was one of complete denial of the charges. He pleaded his innocence. A plea was taken in his statement under Section 313 Cr.P.C. that the complainant, i.e. (P.W. 2) forced the two fifty rupee G.C. notes into the hands of the accused despite his protest, and when he still refused to accept, the complainant forced the notes into the pant pocket of the accused. The further plea of defence was that the complainant was fully aware that he and his family members were going to lose 14 acres of land in the ceiling case and as such he decided to put pressure on the accused to favour him. Failing in his attempt to influence the accused, the complainant, who is a police officer, had lodged a false report, in collusion with other police officers.