BHAGIRATHI PERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant, who has been convicted for the offence under Section 7 of the Prevention of Corruption Act, 1947 (for brevity 'the Act'), has assailed the judgment passed by the learned Special Judge, Vigilance, Sambalpur in T.R. Case No.39 of 1999.

(2.) The facts of the case, shorn of unnecessary details are that the complainant had been sanctioned Rs.50,000/- by the D.I.C., Sambalpur under the Pradhan Mantri Rojgar Yojana (P.M.R.Y.) Scheme to open a fertilizer shop. For this purpose, he applied for license to the District Agricultural Office (D.A.O), Sambalpur. He went to the said office and met the accused, who was a Senior Clerk of that office dealing with such license. The accused gave him 'O' Form taking Rs.10/- and asked him to fill up the same containing signature of the fertilizer dealer along with nonassessment certificate from the Sales Tax Officer and one SBI Challan of Rs.75/-. The complainant produced all the documents before the accused and requested him to issue the license.

(3.) The defence took the plea of complete denial. The accused contended that the complainant did not file any application for fertilizer licence before him. He did not said to the complainant to come with Rs.200/-. He claimed that the complainant suddenly thrust money into his pocket. He stated as to what the complainant put his pocket. At that time, the Vigilance came and he brought out the money. Then, his handwash was taken.