STATE OF ORISSA Vs. DR. DEBANANDA TUDU

JUDGEMENT

(1.) Heard Mr. Sangram Das, learned Standing Counsel for the State-Vigilance Department and Mr. B.P. Das, learned counsel for the opposite party.

(2.) The State-Vigilance has preferred this appeal seeking leave to appeal against the judgment of acquittal dated 22.01.2015 passed by the learned Special Judge (Vigilance), Berhampur in G.R.Case No. 04 of 2010(V) (T.R.No. 65 of 2011).

(3.) It appears that the opposite party faced his trial in connection with the aforesaid case before the court of learned Special Judge (Vigilance), Berhampur as he allegedly demanded illegal gratification as a public servant to discharge his official duty i.e. for surgery of breast cancer of wife of the complainant-decoy. A trap was laid by the Vigilance Police on the complaint of the complainant-decoy and the opposite party was caught for accepting the bribe. But, in the conclusion of trial, since the complainant-decoy and the accompanying witnesses did not support the case of the prosecution and turned hostile even though the tainted money was recovered in the trap laid by the Vigilance Police, the trial court acquitted the opposite party vide the impugned judgment and order.