STATE OF ODISHA Vs. PRAMOD KUMAR PANDA

JUDGEMENT

(1.) The respondent Pramod Kumar Panda faced trial in the Court of learned Special Judge (Vigilance), Berhampur, Ganjam in G.R. No.35 of 1996(V)/T.R. No.42 of 1998 for offences punishable under Sec. 13(2) read with Sec. 13(1)(d) and under Sec. 7 of the Prevention of Corruption Act, 1988 (hereafter 'P.C. Act') on the accusation that on 5/7/1996 at about 1.15 p.m. at Tikabali Block Office room, Tikabali, he being employed as a Junior Engineer, Tikabali in Tikabali Block and being a public servant, by use of corrupt and illegal means and by abusing his official position, obtained pecuniary advantage to the extent of Rs.1000.00 (rupees one thousand only) and accepted the same as illegal gratification other than legal remuneration from Byasadev Pradhan (P.W.5).

(2.) The prosecution case, as per the F.I.R. lodged by Byasadev Pradhan (P.W.5) of village Birangi before the Superintendent of Police, Vigilance, Berhampur is that in the year 1994-95, P.W.5 was selected as the leader of the Village Committee and he was entrusted by the B.D.O., Tikabali to construct the building of Anganwadi Centre at village Birangi at an estimated cost of Rs.65,000.00. It is further stated in the F.I.R. that during the course of construction, the complainant had taken Rs.18,700.00 towards the first running bill in December, 1994, and Rs.13,300.00 towards the second running bill in the year 1995 and after completion of work, P.W.5 approached the accused respondent, who was the Junior Engineer of the Tikabali block to take final measurement of the work and for payment of his final bill. It is further stated in the F.I.R. that the respondent demanded Rs.5,000.00 to take the final measurement, but when P.W.5 expressed his inability to pay such an exorbitant amount, the respondent agreed to take Rs.2,000.00 for the final measurement and passing the bill, on condition that after taking Rs.1,000.00, he would go for the final measurement and after getting the balance amount of Rs.1,000.00, he would pass the bill. P.W.5 reported the matter in writing to the Superintendent of Police, Vigilance, Berhampur on 4/7/1996 for taking necessary action against the respondent. On the basis of such written report, the Superintendent of Police, Vigilance, Berhampur directed the officer in-charge of the Vigilance Police Station, Berhampur to register a case and accordingly, Berhampur Vigilance P.S. Case No.35 dtd. 4/7/1996 was registered on under Sec. 13(2) read with Sec. 13(1)(d) and Sec. 7 of the P.C. Act and Sri Kartikeswar Jena (P.W.9), Inspector of Vigilance, Balliguda squad was directed to lay a trap for detection of the case against the respondent and to take up investigation of the case. P.W.9 issued requisitions to procure the attendance of the official witnesses to lay a trap in their presence and basing on such requisition, the official witnesses came to the Vigilance office, where preparation for laying the trap was made and during such preparation, the G.C. notes produced by P.W.5 were smeared with phenolphthalein powder and handed over to him with specific instruction to hand over the same to the respondent only on demand and another official witness Rajani Kanta Sadangi (P.W.2) was asked to accompany the decoy to overhear the conversation of the decoy with the respondent and to relay signal by combing head after acceptance of the bribe by the respondent. Thereafter, the I.O. with other official witnesses proceeded to the Block Office and kept their position at a little distance from the Block Office as per the instruction of the I.O., the decoy and the accompanying witness (P.W.2) proceeded to the office of the respondent and after sometime getting signal from P.W.2, the I.O. along with other members of the trap party rushed to the office of the respondent, disclosed his identity before him, challenged him for acceptance of bribe from the decoy and thereafter took the hand wash of both the hands of the respondent with sodium carbonate solution, in consequence of which the colour of the solution turned to rose-pink. Thereafter, as per the direction of the Vigilance Inspector, the respondent brought out the tainted G.C. notes from his shirt chest pocket, which were then handed over to the official witnesses for verification and on verification, it was found that the number of the said G.C. notes were tallying with the numbers noted earlier in the paper chits. Thereafter, the pocket wash of the respondent was taken with sodium carbonate solution for which the colour of shirt turned to rose-pink. The I.O. seized the tainted G.C. notes, wearing shirt of the accused and other relevant documents in connection with construction work of Anganwadi Centre at village Birangi and on completion of investigation, charge sheet was submitted on 31/3/1997 against the respondent under Sec. 7 and Sec. 13(2) read with Sec. 13(1)(d) of the P.C. Act.

(3.) The defence plea of the respondent was one of denial. It is pleaded that while he was in the office, five to six persons came to the office, caught hold of his hands and forcibly thrust some money into his pocket and thereafter, he was asked to bring out the money from his pocket and his hand wash was taken. The respondent denied to have demanded or accepted any bribe money from P.W.5.