PRADIP KUMAR PATTANAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dtd. 30/10/2010 passed by the learned Special Judge(Vigilance), Bhubaneswar in T.R. No. 78 of 1998 convicting the appellant for offence punishable U/S. 13(2) read with Sec. 13(1)(d)/7 of the Prevention of Corruption Act, 1988 (in short the "Act") and sentencing him to undergo Rigorous Imprisonment(RI) for one year and to pay a fine of Rs.1,000.00, in default whereof, to undergo further RI for one month for each count, the appellant named above has preferred this appeal.

(2.) The prosecution case in brief is, on 5/9/1997 P.W.5-Satya Sekhar Rath a resident of Plot No. 737/2093 of Jaydev Vihar, Bhubaneswar had submitted two attested photocopy of approved building plan relating to above plot with an application duly filled in and signed by himself and his two brothers to SDO PH rent Subdivision, Bhubaneswar for providing sewerage connection to his house, which was received by the appellant as the Dealing Assistant and according to his instruction, P.W.5 met the J.E. Sri R.N. Sahu who made necessary endorsement on the application for deposit of the required fees and such file was processed, but when P.W.5 contacted the appellant on 29/9/1997 to do his work, the appellant advised him to deposit security amount of Rs.1500.00 and accordingly P.W.5 deposited the aforesaid amount vide receipt No. F714015 dtd. 29/9/1997 and thereafter, P.W.5 met the appellant and requested him to send the file to concerned division, but the appellant demanded Rs.200.00 as the bribe to do the same. Finding no alternative, P.W.5 paid Rs.200.00 to the appellant as bribe, but the appellant being dissatisfied again demanded Rs.300.00 more as a bribe to expedite the work. However, P.W.5 paid only Rs.100.00 more, but the appellant asked him to pay the balance amount of Rs.200.00 on 30/9/1997.

(3.) In support of the charge, the prosecution examined altogether seven witnesses as P.Ws. 1 to 7 and proved certain documents under Exts. 1 to 17 as well as identified material objects MOI to VII as against no evidence whatsoever by the defence.