SATYABADI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant assails his conviction and sentence of rigorous imprisonment for one year and fine of Rs, 500/ -on both counts under Sec.5 (2) read with Section 5(1)(d) of the Prevention of Corruption Act (for short, 'the Act') and Section 161 of the Indian Penal Code. Both the sentences to run concurrently.

(2.) PROSECUTION case is, at the relevant time the appellant was serving as Live -Stock Inspector in village Indipur in the district of Dhenkanal. On 29 -3 1986 at '7.30 p.m. it was alleged that he demanded and accepted a sum of Rs. 200/ - from PW 3 as bribe for payment to the Branch Manager of the Dhenkanal Gramya Bank, Indipur Branch, for early sanction of the loan of PW 3 Previous information to this having boen lodged with the vigilance, the raiding party at the above hour near the house of the appellant in the said village recovered marked currency notes from the possession of the appellant to which the appellant admitted to have received for payment to the Branch Manager with a view to help PW 3, but it was, according to him, against his will.

(3.) AT the outset I must observe that the learned Special Judge (Vigilance) committed an error in convicting the appellant Under Section 5(1) (d) of the Act. In the case reported in AIR 1959 SC 847, The State of Ajmer (now Rajasthan) v. Shivji Lal. after quoting the relevant section under the Act i. e. Section 5(2) road with Section 5(1)(d) the Court held as follows :