BAISAKHU KUMAR KARNA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Baisakhu Kumar Karna faced trial in the Court of learned Special Judge, Vigilance, Berhampur,

(2.) The factual matrix of the prosecution case, as per the written report presented by P.W.1 Debasis Mohakul before the Superintendent of Police, Vigilance, Berhampur on 27.11.2006 is that his father-in-law Hadibandhu Gurandi was serving as Sevak at Kumar Keli Ashram, Boudh which was a Government service. While he was in service, on 26.03.2002 he died. His brother-inlaw namely Sanjib Kumar Gurandi (P.W.6) applied for service in the place of his deceased father under rehabilitation scheme. All the necessary documents in connection with the service were sent by the District Welfare Officer, Boudh to the Govt. of Orissa, SC & ST Department by letter no.635 dated 14.06.2004. The SC & ST Department by letter no.47516 dated 29.12005 sought for some clarification from District Welfare Officer, Boudh. P.W.6 was staying 80 kms. away from the District Welfare Office, Boudh and his financial condition was also not good. He came to the District Welfare Office on eight to ten occasions in connection with his service and met the appellant who was the Junior Clerk in the said office and also District Welfare Officer and requested them to send the necessary documents to the Government. P.W.1 was also visiting the office of D.W.O. along with P.W.6. When P.W.6 told the appellant that it would not be possible on his part to come to the office from such a long distance spending money, the appellant gave assurance to P.W.6 to do his work. On 24.11.2006 when P.W.1 met the appellant in his office and made a query about the dispatch of letter to the Government, the appellant demanded bribe of Rs.1000/- (one thousand only) for dispatching the letter and in spite of repeated request of P.W.1, he did not listen anything rather told him that unless the bribe amount is paid on or before 28.11.2006, the letter would not be dispatched to the Government. It is further stated in the written report that the complainant had decided to pay the bribe amount of Rs.1000/- to the appellant against his will.

(3.) P.W.8 Sunil Kumar Senapati, Inspector of Vigilance, Berhampur Vigilance Division, Berhampur was directed by the Superintendent of Police, Vigilance, Berhampur to detect the case by laying a trap and to investigate the case.