BALARAM SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted by the Special Judge, Sambalpur, for an offence Under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (herein after referred to as the 'Act') and Under Section 161 of the Indian Penal Code and has been sentenced to R.I. for one year on each count. The sentences have been ordered to run concurrently.

(2.) THE prosecution case is that the Appellant, being a public servant employed as a Sub -Inspector of Police in the Police Department of the Government of Orissa and posted as Officer -in -Charge, Athgarh Police Station, obtained for himself pecuniary advantage to the extent of Rs. 200/ - from one Biswanath Sahu (P.W. 2) by corrupt or illegal means or by otherwise abusing his position as such public servant and thereby committed an offence Under Section 5(1)(d) read with Section 5(2) of the Act.

(3.) THE prosecution, in order to prove the charges against the Appellant, examined nine witnesses and produced a number of documents. The Appellant examined himself as a defence witness and also produced some documents.