SUSHIL KUMAR PATI Vs. STATE OF ODISHA (VIG )

JUDGEMENT

(1.) The appellant Dr. Sushil Kumar Pati faced trial in the Court of learned Special Judge (Vigilance) , Sambalpur in T.R. Case No. 20 of 2002 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') on the accusation that on 12.11.2000 being a public servant employed as Orthopaedic Specialist in Rourkela Government Hospital, Rourkela, he demanded and accepted an amount of Rs.150/- from P.W.3 Surendranath Mohanty as gratification other than legal remuneration as a motive or reward for doing an official act, viz. issuing fitness certificate in favour of P.W.3 and thereby committed criminal misconduct by corrupt means by obtaining for himself pecuniary advantage of Rs.150/-.

(2.) The factual matrix of the prosecution case, as per the written report (Ext.3) presented by P.W.3 Surendranath Mohanty before the Superintendent of Police, Vigilance, Sambalpur on 11.11.2000 is that he was working in the P.H.D. Office at Rourkela and on 05.06.2000 he fell down and sustained fracture injury on his leg. He was treated at Life Line Clinic, Rourkela from 06.06.2000 to 11.06.2000 and was discharged. On 13.07.2000 he felt severe pain for which he met the appellant in Rourkela Govt. Hospital for treatment. After checking P.W.3, the appellant advised him to take rest for a period of six months. P.W.3 felt better after a few months. He was transferred to Keonjhar Town and in that connection he met the appellant on 10.11.2000 and requested him to issue a medical fitness certificate. The appellant checked P.W.3 and told him that the condition of his leg is better and he asked Rs.150/- for his treatment. When P.W.3 expressed his reluctance to pay such amount, the appellant told him that unless the demand amount of Rs.150/- is fulfilled, medical fitness certificate would not be granted in his favour and no further medicine would be prescribed. Even after much persuasion by P.W.3, the appellant sticked to his demand. As his joining at Keonjhar was necessary, P.W.3 agreed on compulsion to pay the demanded amount. The appellant told P.W.3 to come on 111.2000 which was a Sunday and there would be less number of patients on that day and he would issue medical fitness certificate on that day after receipt of Rs.150/-. Finding no way out, P.W.3 lodged the first information report as he was compelled to give bribe money of Rs.150/- on 111.2000 to the appellant for getting the medical fitness certificate as well as for medicine prescription.

(3.) The defence plea of the appellant was one of complete denial of the occurrence and it was pleaded that P.W.3 had come to the hospital for his treatment and the appellant had given him one advisory certificate and a prescription. On 12.11.2000 P.W.3 collected medical fitness certificate from him and on that day the appellant noticed some peculiar and abnormal behaviour of P.W.3 who was trying to touch the hands of the appellant while collecting medical fitness certificate. It was further pleaded by the appellant that he was not aware as to who kept the tainted money inside the pen stand and since the room in question was the duty room, many persons used to come to that room.