PRADIPTA KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant in this appeal assails the judgment of conviction recorded by the learned Special Judge (Vigilance), Balasore on 23.09.2008 in T.R. Case No.483 of 2007 corresponding to T.R. Case No.12 of 1989 on the file of learned Special Judge (Vigilance), Bhubaneswar arising out of Balasore Vigilance P.S. Case No.6/88, convicting him for commission of offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 (hereafter called in short as 'the Act') read with Section 161 of the I.P.C. and sentencing him to undergo rigorous imprisonment for a period of 6(six) months for the offence under Sec. 161 of I.P.C. and R.I. for a period of 1(one) year followed by payment of fine of Rs.100/ -(Rupees One hundred) and in default to undergo further R.I. for one month for the offence under sec. 5(2) read with Sec. 5(1)(d) of the Act with the stipulation that the substantive sentence would be running concurrently.

(2.) Prosecution case is as follows: -

(3.) The appellant during trial admitted that a person had come to him on 28.3.88 with a request to give a caste certificate but then he told him to approach the Tahasildar or Revenue Officer as the case may be for the purpose of grant of caste certificate, they being the competent authority. It is also his case that on 30.3.88 that person again came and renewed his request as made before and then he forcibly kept the currency notes in the back pocket of his trouser which were immediately thrown by him and under that situation he was compelled to leave the room. It is stated that only near the gate of the Block Office, he was caught hold of and brought back. It is also his case that by then he had no information from any quarter even as regards any enquiry if required to be made by him in relation to the issue of the cast certificate if any.