AJAY KUMAR DANDAPATA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under section 389 of Cr.P.C. filed by the appellant-petitioner Ajay Kumar Dandapat for suspension of his conviction passed by the learned Special Judge, Vigilance, Baripada, Mayurbhanj in V.G.R. Case No.48 of 2012 (T.C. No.14 of 2013) vide impugned judgment and order dated 20.03.2017.

(2.) The appellant along with one Banabihari Dutta faced trial in the Court of learned Special Judge, Vigilance, Baripada in the aforesaid case and the petitioner was charged for offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') for demanding of Rs.2000/- (rupees two thousand only) from the complainant Subasini Bhanj (P.W.3) as bribe in order to show her favour. The co-accused Banabihari Dutta was charged under section 12 of the 1988 Act for abetting commission of offences by the petitioner.

(3.) The learned trial Court acquitted the co-accused Banabihari Dutta of the charge under section 12 of the 1988 Act but found the petitioner guilty under section 7 and section 13(2) read with section 13(1)(d) of the 1988 Act and sentenced him to undergo R.I. of one year and to pay a fine of Rs.10,000/- (rupees ten thousand only) on each count and in default to pay the fine amount, to undergo further R.I. for three months for each default and the substantive sentences of imprisonment was directed to run concurrently.