BIMBADHAR SATAPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Bimbadhar Satapathy in Criminal Appeal No. 341 of 2009 and the appellant Sudhir Kumar Xalxo in Criminal Appeal No. 368 of 2009 along with co-accused persons S. Ramesh Chandra Dora and Ashok Kumar Deo faced trial in the Court of learned Special Judge (Vigilance), Jeypore in G.R. Case No. 17 of 2003(V)/T.R. No. 40 of 2007 for offences punishable under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and section 120-B of the Indian Penal Code on the accusation that on 05.02.2003 at about 1.30 p.m. on N.H.43 near Coffee Board Office, Koraput, the appellants being the public servants employed in the O.M.V. Deptt., Koraput as Traffic Inspectors along with co-accused constables, by corrupt and illegal means and abusing their position as public servants, obtained for themselves pecuniary advantage to the tune of Rs. 5065.00 by collecting illegal gratification from the bus/truck drivers without issuing money receipts while checking the vehicles on the National Highway and they made conspiracy to do the illegal acts and collected illegal gratification in course of checking of the vehicles which did not tally with the V.C.Rs. and M.R. books issued to them.

(2.) The prosecution case, as per the first information report (Ext.10) lodged by Shri Ramakanta Sahu (P.W.7), Dy. Supdt. of Police (Vigilance Cell), Cuttack before the Superintendent of Police, Vigilance, Berhampur Division, Berhampur is that the informant received reliable information that the O.M.V.D. staff, Koraput were collecting illegal gratification from the bus/truck drivers on the National Highway (N.H.43), Koraput without issuing money receipt and accordingly a surprise raid was conducted on 05.02003 by the Officers of the Vigilance Cell, Cuttack in presence of the witnesses.

(3.) During course of trial, the prosecution examined seven witnesses.