STATE OF ORISSA Vs. DINABANDHU RATH

JUDGEMENT

(1.) The appeal is assailed against the order of acquittal dated 24.2.1996 passed by the learned Special Judge, Bhubaneswar acquitting the accused person from the charges under Section 5 (2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947 (hereinafter called as "the P.C. Act") and Section 161 of I.P.C. in T.R. No.39 of 1987. FACTS

(2.) The factual matrix leading to the case of the prosecution is that the accused was Sub -Inspector of Schools (S.I. of Schools) in Circle -I of Bhubaneswar Block. The complainant was working as a Primary School Teacher in Kalyanpur U.P. School during the year 1984 and his wife was also working as an Assistant Teacher in Bahadalpur U.P. School. Both the Schools are under Circle -I of Bhubaneswar Block. It is alleged, inter alia, by the complainant that due to distance between Schools of the complainant and his wife he approached the accused for his transfer to a nearer School of his wife. The accused asked the complainant to pay Rs.200/ - as illegal gratification for his transfer to the School nearer to the School of his wife.

(3.) On 13.8.1984 at about 8.45 P.M. the complainant gave Rs.100/ - to the accused and again agreed on demand to pay the balance amount of Rs.100/ - on 21.8.1984. As the complainant was not willing to pay any money as bribe, he informed the matter to Vigilance Department for taking necessary action against the accused for demand of illegal gratification as a public servant. After the written complaint received by the Vigilance Department, the D.S.P. Vigilance Department arranged a trap party. On 21.8.1984 the Vigilance party called the complainant and prepared a preparatory note and after necessary requisition the Executive Magistrate and other witnesses proceeded to the spot. On the same day at about 4.30 P.M. complainant reached the Block office and on demand by accused he gave two currency notes of Rs.50/ - denomination to accused who kept the same in his possession. Then immediately the Vigilance officials trapped the accused and seized said money from his possession. Thereafter the seized currency notes, hands of the accused and the wearing pant of the accused being turned to pink on reaction with sodium carbonate solution. It is the case of the prosecution that the currency notes were earlier mixed with phenolphthalein powder during the time of demonstration before the trapping at the instance of Vigilance party. After the seizure, the seizure list was prepared by obtaining signature of witnesses. After completion of necessary investigation, charge -sheet was submitted.