DAMODAR MAHALIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant named hereinabove has preferred this criminal appeal under Sec. 374 of Code of Criminal Procedure read with Sec. 27 of the P.C. Act, 1988 thereby assailing the judgment dtd. 20/3/2007 passed by the Special Judge Vigilance, Berhampur in G.R. Case No.23 of 1999 (V) corresponding to T.R. Case No.52 of 2001. By virtue of the impugned judgment the learned Special Judge Vigilance has convicted the appellant for commission of offences chargeable under Sec. 7, 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act and as such sentenced him to undergo R.I. for one year and to pay a fine of Rs.2,000.00 and in default to undergo R.I. for 3 months more under Sec. 7 of the P.C. Act and further, sentencing the appellant to undergo R.I. for 2 years and to pay a fine of Rs.5000.00 in default to undergo R.I. for 6 months more under Sec. 13(1)(d) read with Sec. 13(2) of the P.C. Act.

(2.) The case of the prosecution, in brief, is that one Bibachha Konhar (P.W.1) lodged a written report before the D.S.P. Vigilance, Berhampur on 20/7/1999 inter alia alleging that he has been working as Sarapanch of Baragaon Gram Panchayat since 1996. The Panchayat has undertaken renovation work of a tank at Parbatipur which includes repair of school building of Telikmal and improvement of road from Borigobha to Sukapanga under the Jawahar Rojgar Yojana at a cost of Rs.25,000.00, Rs.24,763.00 and Rs.34,662.00 respectively. The Junior Engineer had measured the work but the petitioner had not check measured the work. He has further alleged that on his approach the appellant demanded a sum of Rs.4,250.00 as illegal gratification. The complainant had no alternative than to satisfy the aforesaid illegal demand and initially the complainant agreed to pay a sum of Rs.2,000.00 to the appellant as bribe. Before making such payment to the appellant, the informant approaches the Vigilance Police.

(3.) On the basis of aforesaid allegation, D.S.P. Vigilance, Berhampur treated the written complaint as an F.I.R. and directed S.L. Rao, Inspector of Vigilance to investigate into the allegation by laying a trap. Simultaneously, the D.S.P. Vigilance forwarded a report to the S.P. Vigilance, Berhampur. Finally, a trap was laid to detect the crime. Accordingly, on 21/7/1999 the raiding party proceeded to the office of the B.D.O., Kantamal after making necessary preparation for laying the trap. The complainant and the accompanying witnesses went ahead to the Block Office and at about 4.30 P.M., the decoy informed about non-availability of the appellant in the office and that he was available at his residence.