RAJKISHORE SATAPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 21/11/2012 passed by the learned Special Judge (Vigilance), Cuttack in T.R. Case No. 24 of 2009, whereby the Appellant who faced trial for offences under Ss. 13(2) read with Sec. 13(1)(d) and 7 of the Prevention of Corruption Act, 1988 (for short, the "PC Act"), having found guilty thereof sentenced to undergo rigorous imprisonment (R.I.) for three years and to pay a fine of Rs.15,000.00 for the offence under Sec. 13(2), and R.I. for two years and a fine of Rs.10,000.00 for the offence under Sec. 7 of the P.C. Act, with default sentences of one year and six months respectively.

(2.) The prosecution case, as unfolded before the learned trial court, is that one Satya Prakash Swain, the complainant (P.W.1), had applied for issuance of death certificates of his wife, Rasmirekha, who died in the year 2000, and his father, Muralidhar Swain, who passed away on 8/1/2006. The complainant deposited the requisite fees in the treasury and handed over a copy of the treasury challan to the Appellant-Rajkishore Satapathy, who was then serving as the Vital Statistics Clerk at the Indupur Primary Health Centre (PHC) and was dealing with such matters. The Appellant allegedly informed the complainant that there were certain difficulties in the documents and that the death certificates could not be issued. Upon repeated approaches, the Appellant allegedly demanded a sum of Rs.200.00 as illegal gratification for issuing the certificates. Finding no alternative, the complainant paid Rs.100.00 to the Appellant, who asked him to bring the balance amount of Rs.100.00 on 7/2/2006 for issuance of the death certificates. As the complainant was unwilling to pay the bribe, he reported the matter in writing to the Vigilance Police.

(3.) On receipt of the written complaint, the Inspector, Vigilance, Kendrapara Squad, forwarded the same to the Superintendent of Police (Vigilance), Cuttack, who directed the Officer-in-Charge, Vigilance Police Station, Cuttack, to register a case. Accordingly, Cuttack Vigilance P.S. Case No. 3 of 2006 was registered under Sec. 7 of the PC Act vide Ext.1. A trap team was thereafter constituted under the leadership of Shri D.B. Patel, D.S.P. (Vigilance), with Inspector H.S. Mishra as the trap-laying officer (P.W.5), and Inspector Niranjan Rout, Constables R.K. Sahoo and Arun Kumar Samanta of the Kendrapara Vigilance Squad as members. After compliance with all pre-trap formalities, the trap was laid. The complainant, accompanied by overhearing witness Nikunja Kishore Rana (P.W.2), went to the Indupur PHC building, while other members of the trap team took positions nearby. The complainant entered the office chamber of the Appellant, while the overhearing witness remained standing near the door. The Appellant allegedly enquired whether the complainant had brought the demanded amount of Rs.100.00, to which the complainant replied in the affirmative. Upon such demand, the complainant handed over the tainted currency notes, which the Appellant received and kept in his purse, placing it in the right pocket of his pant. On receiving the pre-arranged signal, the vigilance team entered the office, disclosed their identity, and challenged the Appellant for having accepted the bribe. His hands were subjected to chemical solution tests, which turned pink. After completion of the required formalities and investigation, the statements of witnesses were recorded, and a charge-sheet was submitted against the Appellant.