ANTARYAMI BIHARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellant challenges the judgment dated 29.01.2011 passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. No.35 of 1999 whereby the learned Special Judge has convicted the accused-appellant under Section 13(2) read with Section 13(1) (d)/7 of the Prevention of Corruption Act,1988 (in short 'the P.C. Act') and sentenced him to undergo R.I. for one year and to pay a fine of Rs.1,000/-, in default to undergo R.I. for one month under Section 13(2) read with Section 13 (1) (d) of the P.C. Act and to undergo R.I. for six months and to pay a fine of Rs.500/- in default to undergo R.I. for fifteen days under Section 7 of the P. C. Act. Both the sentences are to run concurrently.

(2.) The prosecution case is that at the relevant point of time the appellant was working as Junior Clerk in the office of the Tahasildar, Bhubaneswar. The complainant-Sudhansu Sekhar Rath had applied to the Tahasildar, Bhubaneswar for issuance of income and residential certificates supported by an affidavit and had handed over the applications to the appellant on 29.05.1998. The certificates were necessary for availing loan under the P.M.R.Y. Scheme by the complainant. As 30.05.1998 was the last date for submission of the loan application form under the P.M.R.Y Scheme, the complainant requested the appellant to put up his file before the Tahasildar immediately and to issue the required certificates. But the appellant asked him to give him Rs.150/- towards his dues for putting up the file forthwith. The complainant having expressed his inability to pay such amount, the appellant told him that others were paying the same amount and that if he would not pay, his work could not be done. Under compulsion the complainant gave Rs.50/- to the appellant but the latter not being satisfied with the same asked him to bring the balance Rs.100/- on the next day and to receive his income and residential certificates. The complainant, therefore, agreed to pay the balance amount to the appellant and reported the matter before the S.P. Vigilance, who directed the O.I.C., Bhubaneswar Vigilance Police Station to register a case against the appellant and lay the trap. Accordingly, the O.I.C., Vigilance Police Station registered the case as Bhubaneswar Vigilance P.S. Case No.29 dated 29.05.1998 under Section 13(2) read with Section 13 (1) (d)/7 of the P.C. Act and Sri N. Jena, Inspector was directed to lay the trap and Inspector R.N. Sahu was directed to take up investigation. Thereafter, trap was laid and Sri Sahu investigated the case obtained sanction from the Collector, Khurda to prosecute the appellant and finally after completion of investigation, submitted charge-sheet against the appellant.

(3.) The appellant denied the allegations made against him and took the further plea that while he was busy in his official work somebody inserted some money in his shirt pocket and while he was bringing out the money from his shirt pocket, two persons came and caught hold of both his hands and the person holding his left hand instructed the person holding his right hand to take the money from him and accordingly he gave the money to that person.