RANJAN KISHORE BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Ranjan Kishore Behera (hereinafter 'the petitioner') who was the District Labour Officer, Phulbani during the year 2019 has filed this interim application under Sec. 389 of Cr.P.C. for stay of impugned judgment and order of conviction dtd. 24/11/2023 passed by the learned Special Judge (Vigilance), Phulbani in G.R. Case No.15 of 2019 (v)/T.R. No.12 of 2021 in convicting him under Sec. 7 of the Prevention of Corruption Act, 1988 (as amended by Act No.16 of 2018 (hereafter 81988 Act9) and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000.00 (rupees five thousand), in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) The prosecution case, in short, is that on 7/11/2019 at about 2.45 p.m. while the petitioner was working as District Labour Officer, Phulbani, he demanded and accepted a sum of Rs.15,000.00 (rupees fifteen thousand) from the complainant Babuja Pradhan (P.W.4) as illegal gratification other than legal remuneration, as a motive or reward for the scrutiny and processing the documents and to recommend the files of four numbers of beneficiaries to get the death assistance of Rs.1,00,000.00 (rupees one lakh) and other death benefits in favour of the family of the labourers as per the Govt. scheme and thereby, he committed an offence publishable under Sec. 7 of the 1988 Act. It is the further prosecution case that P.W.4 being the President of Shramika Sangha was looking after the case of said beneficiaries and when he approached the petitioner to process the files, the petitioner demanded Rs.8,000.00 (rupees eight thousand only) for each of the beneficiaries and ultimately, it was settled at Rs.15,000.00 (rupees fifteen thousand).

(3.) The appeal was admitted on 11/12/2023, bail was granted so also an order was passed for stay of realisation of fine pending disposal of the appeal.