BRAHMANANDA SAHU Vs. STATE OF ORISSA (VIGILANCE)

JUDGEMENT

(1.) A petition under Sec. 482 is moved at the behest of the petitioner invoking jurisdiction of this Court under Sec. 482 Cr.P.C. for quashing of the criminal proceeding in connection with G.R. Case No.29 of 2011 corresponding to Berhampur Vigilance P.S. Case No.29 of 2011 pending in the file of the learned Special Judge (Vigilance), Berhampur on the stated grounds.

(2.) The Vigilance case was instituted on the basis of a written report lodged before the DSP (Vigilance), Phulbani Unit on 23/6/2011 with the allegation made therein regarding the illegal demand of Rs.23,000.00 as bribe by the petitioner from the informant towards new electricity connection for a welding shop and in that regard, a trap was laid by the Vigilance team and allegedly the said amount was recovered from the petitioner and the same was seized. After completion of investigation, the petitioner was chargesheeted under Ss. 13(2) read with 13(1)(d) besides Sec. 7 of the Prevention of Corruption Act, 1988 ( in short 'the P.C. Act').

(3.) The challenge in the present case is that the informant did not support the alleged trap and recovery of the bribe amount from the petitioner while being examined during investigation and therefore, the entire prosecution would now have to depend on the evidence of the over-hearing witness but the same is not sufficient to prove and establish the fact of illegal demand of bribe and its acceptance which are the essential ingredients to be satisfied. According to the petitioner, after such hostile testimony of the informant not supporting the trap, no cogent and credible evidence left to criminally prosecute the petitioner with regard to the demand and acceptance of illegal gratification.