GANESH PRASAD NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 09. 05. 1987 passed in T. R. No. 21 of 1987 by the learned Special Judge (Vigilance), sambalpur convicting the appellant under sections 5 (1) (d)/5 (2) of the Prevention of corruption Act, 1947 (for short the 'p. C. Act') as well as Section 161 of the Indian penal Code (for short the 'i. P. C. ') and sentencing him to undergo R. I. for six months and to pay a fine of Rs. 1000/-, in default to undergo R. I. for one month, under Section 5 (2) of the P. C. Act and R. I. for three months and to pay a fine of Rs. 500/-, in default to undergo R. I. for 15 days, under Section 161 of the I. P. C.

(2.) PROSECUTION case, in nut-shell, is as follows: p. W. 1, the informant-decoy had earlier executed work contract of Nuagada-Maliguda Road under Nandahandi block as contractor at the estimated cost of Rs. 10,000/ -. When the appellant was paid for the work on 09. 01. 1985 towards his final bill, he had to pay 5% of the total amount, i. e. Rs. 500/-, as bribe to the appellant on his demand.

(3.) THEREAFTER, P. W. 1 executed the work contract of Bada Daivata-Nuagada Road at the estimated cost of Rs. 5000/ -. On completion of the work when he approached the appellant on 25. 4. 1985 for payment towards final bill, the appellant demanded bribe of rs. 250/- saying that he would pass the bill after P. W. 1 paid Rs. 250/- to him. Also the appellant is alleged to have threatened p. W. 1 that no further work contract would be awarded to him in future unless he paid the amount on 28. 4. 1985. P. W. 1 along with p. W. 3, the Sarapanch of Sindhiguda Gram panchayat, met the Deputy Superintendent of Police, Vigilance, Jeypore, Camp at nawarangpur, on 28. 4. 1985 and submitted the written report Ext. 1 on the basis of which the case was registered and P. W. 6, inspector of Vigilance, Nawarangpur was entrusted with the investigation. In course of investigation, a trap was laid against the appellant and he was caught red handed, after he accepted bribe of Rs. 250/- (in the shape of one hundred rupee, two fifty rupee, two twenty rupee and one ten rupee denomination currency notes) from the complainant on the same day. The currency notes, which were smeared with Phenol-phthalein powder, were seized. The hand wash of the appellant taken in Sodium carbonate solution was sent for chemical examination which revealed that Phenol-phthalein powder was detected in the hand wash, of the appellant. On completion of investigation charge sheet for commission of offences under which he stands convicted was submitted against the appellant and he faced the trial accordingly.