RADHAGOBINDA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Special Judge (Vigilance), Bhubaneswar convicting the appellant under section 5 (2) read with section 5 (1) (d) of the Prevention of Corruption Act (hereinafter referred to as the Act) and under section 161 of the Indian Penal Code (I.P.C. for short) and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00, in default, to undergo rigorous imprisonment for three months for each offence.

(2.) The prosecution case against the appellant may be stated. The appellant was serving as an Engineering Overseer in Bijetala Block Development Office in Mayurbhanj district. Sarbeswar Gin (P.W. 1) was a D class Contractor in that Block area. Nigamananda Gin (P.W. 4) was his associate in contract works. P.W. 1 had executed contract of digging a new well at village Patapur and was to get his bill amounting to Rs. 3124.10 paise. According to the usual procedure it was the duty of the appellant to measure the work executed by the Contractor and then recommend for payment of the contract amount by preparing bill. The appellant demanded and accepted a bribe of Rs. 60.00 from P.W. 1 on 23.5.75 for making measurement of the work executed by him. Later he demanded a further bribe of Rs. 365/ - for completion of the measurement and for preparation of the bill for the full amount. P.W. 1 had no cash to pay and so he requested the appellant to finalise the bill so that after receiving the bill amount he would pay Rs. 365.00 to him. The appellant did not agree. Therefore, P.W. 1 felt compelled to give bribe of Rs. 365.00 to the appellant. It was decided that on 1.6.1977, which was a Wednesday and Hat day at Bijetala, P.W. 1 would pay the bribe of Rs. 365.00 to the appellant at the Hat between 3 to 4 p.m. Not only for demand of bribe, but also for harassment caused by the appellant even on previous occasions, P.W. 1 felt outraged and reported against the appellant by submitting FIR. (Ext. 1) on 30.5. 1977 before the Deputy Superintendent of Police (Vigilance), Balasore (P.W. 15) who was then camping at Bhadrak. After the report a trap was arranged. In accordance with the trap programme, the Vigilance Police Officers who took part in the trap, an Executive Magistrate (P.W. 14) and an independent witness (P.W. 13) assembled at Rairangpur Dak Bungalow on 1.6.1977. The G.C. notes of the value of Rs. 365.00 were treated with phenolphthalein powder and were made over to P.W. 1 and a preparation report (Ext. 5) was recorded. The trap party, according to the programme, arrived at Bijetala Hat and took their position at different places. At about 4.15 pm, P.W. 1 met the appellant at the Hat when the latter demanded the bribe. P W. 1 paid the sum of Rs. 365.00 to the appellant and the Investigating Officer (P.W. 12) demanded the amount from the appellant. The appellant produced the G.C. notes which were seized by seizure-list (Ext. 21) in presence of witnesses. The hands and the shirt pocket of the appellant were washed and the solution became pink. P.W. 12 investigated into the case and after completion thereof submitted charge- sheet against the appellant.

(3.) The defence of the appellant was that he had earlier given sum of Rs. 400.00 to P.W. 1 for supply of rice. P.W. 1, however, could not supply the same. Therefore, the appellant demanded back the cash. P.W. 1 bad promised to repay the amount of Rs. 400.00 to him at Bijetala Hat on 1.6.1977. Accordingly on that day P.W. 1 returned a sum of Rs 365.00 to him with a promise to pay the balance amount of Rs. 35.00 two or three days later. He denied that he had demanded illegal gratification from P.W. 1 and had received a sum of Rs. 60.00 on 23.5.77 or the sum of Rs. 365.00 on 1.6.1977 from P.W. 1 as illegal gratification. He did not deny the seizure of Rs. 365.00 from him by P.W. 12 on 1.6.1977 at Bijetala Hat by Ext. 21.