PADMALOCHAN MISRA Vs. STATE

JUDGEMENT

(1.) THE appellant stands convicted under Section 161, Indian Penal Code and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for a further period of one month by the Special Judge, Bhubaneswar on 16.9.1974.

(2.) THE admitted background of the case in brief is as follows: The appellant while working as the Bench clerk of the Judicial Magistrate, Khandapara on 26.11.1968 received as bribe of Rs. 120/ - from P. W. 5 as a motive or reward to show favour to the defence in G. R. Case No.58 of 1966 in which P. W. 5 of this case figured as an accused.

(3.) THE scope of the appeal lies in a very narrow compass. The sole point for consideration is if the acceptance of Rs. 120/ - by the appellant from P. W. 5 on 26.11.1968 before the opening of the office as he was coming from his residence to attend the office was by way of receipt of an illegal gratification as alleged by the prosecution or acceptance thereof was as contended by the defence the witness batta for summoning the I.O. and the doctor which evidently the appellant had already done on 18.11.1968 as he proceeded on leave the next day on 19.11.1968.