DURYODHAN SAHOO Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The appellant, in the captioned appeal, assails the judgment of conviction and sentence passed under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter called as 'the Act') to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/- (rupees one thousand) in default to undergo rigorous imprisonment for one month more and under Section 13(2) read with Section 13(1)(d) of the Act to undergo rigorous imprisonment for one year and to pay a fine of Rs.5000/- (rupees five thousand) in default rigorous imprisonment for three months more by the learned Special Judge (CBI), Bhubaneswar in TR No.16 of 2007. Both the sentences were directed to run concurrently.

(2.) The infiltrated factual matrix leading to the case of the prosecution is that the appellant was working as Senior Manager in Town Services Department of Rourkela Steel Plan (in short 'RSP'). There were unauthorized occupants in Laxmi Market near Ispat General Hospital, Rourkela adjacent to the boundary of Nehru Maidan. The RSP Authorities removed all the unauthorized occupants from that area and prepared a list of such occupants for the purpose of allotment of space at Laxmi Market and accordingly a census list of 218 shop owners has been prepared. The complainant (Pabitra Mohan Sahoo) has got a betel shop on the roadside of Laxmi Market but his name does not find place in the list prepared for allotment of shop at Laxmi Market for which he made repeated representations to the RSP Authorities but it was not successful.

(3.) It is alleged inter alia that the complainant had approached the appellant, who is allegedly looking after the allotment of space and the appellant demanded a bribe of Rs.5000/- (rupees five thousand) as illegal gratification for the allotment of space to the complainant. Then the complainant lodged complaint before the Central Bureau of Investigation (CBI) and accordingly a plan to trap the appellant was made. On 22.11.2006, the complainant took ten numbers of five hundred rupee G.C. Notes after being discussed with the trap party. As per the instruction of the trap party, the complainant along with one official witness went in a motorcycle to the office of the appellant. The witness stood near the door and the complainant went inside. The appellant allegedly demanded the money and ten numbers of currency notes of 500 rupee, being mixed with the phenolphthalein power in the office of the CBI earlier, was handed over by the complainant to the appellant, who counted and kept the same on the table. Thereafter, the complainant came outside and gave pre-fix signal to the CBI officials, who have followed the complainant. Inspector of Police, CBI along with other official witnesses entered the room of the appellant where they caught-hold the right hand of the petitioner. The petitioner fumbled and could not give any answer. After observing all formalities of trapping, the appellant was asked to dip his right hand fingers first in the solution prepared and when he dipped his fingers, the solution changed to pink colour. Thereafter, the post-trap memorandum was prepared. The Investigating Officer made search of the office of the appellant and seized certain documents. After completion of the investigation, all the investigation papers were placed before the Executive Director of Personnel and Administration, RSP, who after, application of his mind, sanctioned for prosecution of the appellant. Thereafter, the charge-sheet has been submitted upon which the learned Special Judge (CBI), Bhubaneswar took cognizance of the offence under Sections 7 and 13(2) read with 13(1)(d) of the Act vide order dated 7.5.2007.