RATIKANTA SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dtd. 27/3/2010, passed by the learned Special Judge (Vigilance), Cuttack, in T.R. Case No.55 of 1996 (Sambalpur) / T.R. Case No.134 of 2004 (Bhubaneswar) / T.R. Case No.281 of 2007, arising out of Cuttack Vigilance P.S. Case No.59 of 1995, wherein the Appellant, Ratikanta Satpathy, was found guilty of offences under Ss. 7/13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act (hereinafter, "the P.C. Act"). The Appellant was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500.00, in default, to undergo R.I. for seven days for the offence under Sec. 7 of the P.C. Act, and R.I. for one year and a fine of Rs.1000.00, in default, to undergo R.I. for fifteen days for the offence under Sec. 13(2) of the P.C. Act, with the further direction that the sentences shall run concurrently.

(2.) The factual matrix giving rise to the Appeal is that, the Appellant, while posted as S.D.O. (Electrical) at Kamakshyanagar in the district of Dhenkanal, being a public servant, committed criminal misconduct by corruptly obtaining a pecuniary advantage of Rs.300.00as gratification to supply electrical connection to the L.I. Point to a farmer under the scheme meant for the SC & ST Society, intended for supply of free water to 160 cultivators of village Jaladharpur under Kamakshyanagar P.S. According to the prosecution, one of the cultivators, Rabinarayan Patra (the Informant) requested the Appellant to supply electrical connection to the L.I. Point to facilitate free water supply to his land. The Appellant demanded a sum of Rs.600.00 as bribe and informed the complainant that the electrical connection cannot be supplied unless the bribe would be paid.

(3.) The plea of the Appellant before the trial court was one of complete denial, contending that the case against him had been falsely initiated.