BAISHNAB CHARAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment of conviction and order of sentence passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case No. 34 of 1992 convicting the appellant of the charge under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to undergo R.I. for a period of six months for payment of fine of Rs. 5007- in default to undergo R.I. for a period of one month for the offence under Section 7 of the Act and rigorous imprisonment for a period of one year with payment of fine of Rs. 500/- in default to undergo R.I. for one month for conviction under Section 13(2) of the Act; with stipulation that the sentences would run concurrently, have been called in question in this appeal.

(2.) Prosecution case is as under:--

(3.) During the trial the appellant specifically took the plea that the matter was no more with him concerning the redressal of grievance of P.W.2 as regards to the reduction of the area of his homestead land as alleged and, therefore, the appellant had no reason or occasion to make such demand. The factum of demand of bribe is denied. It is also stated that P.W.2 having already filed a review petition which had already been dismissed by then, the case has been foisted against him bearing grudge that it is the appellant who was instrumental in reducing the area of his homestead land to detrimental to his interest.