RAJ KISHORE LENKA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) By the impugned judgment dated 30.05.2000 passed by learned Special Judge (CBI), Bhubaneswr in T.R. Case No. 118/83 of 99/96, appellant having been found guilty of offences punishable under Section 7 and Section 13 (1)(d) of the Prevention of Corruption Act (for short '3the P.C.Act'), has been sentenced to undergo R.I. for a period of one year and also to pay fine of Rs.500/- only on each count, in default to undergo R.I. for a further period of three months.

(2.) Prosecution case is as follows:

(3.) Appellant took the plea of denial of the allegation of demand or receipt of bribe. His specific case is that on 16.7.1996 while he was taking breakfast in P.W.2's tea and tiffin stall near Zilla School, Puri, he accidentally dropped one five hundred rupee currency note. Later, in the evening on that day he requested P.W. 2 to search for the currency note and to return it to him if the same was found with any of his staff. It is pleaded that informant after finding that one of his staff had got the lost currency note and spent the money, came to return the amount to the appellant on 22.7.1996 which amount was seized by the C.B.I. personnel. It is further pleaded by the appellant that one Sima Joseph, an anti-social element of Puri who was inimical to him because the appellant took legal actions against him on several occasions, instigated P.W.2 to institute false case against him.