CHHUNU KUMBHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by accused is preferred against the judgment dated 22.12.2009 passed by the learned Special Judge(Vigilance), Sambalpur in T.R. Case No.56 of 1996 convicting him U/ss. 7 and 13(2) r/w section 13(1)(d)(i)(ii) of the Prevention of Corruption Act ( to be referred hereinafter as " P.C. Act 1988"). The accused has been sentenced to undergo R.I. for six months and to pay a fine of Rs.1000/- in default to R.I. for one month for the offence U/s. 7of the P.C. Act and R.I. for one year and to pay a fine of Rs.2000/- in default to R.I. for two months for the offence U/s.13(2) r/w section 13(1) (d)(i)(ii) of P.C. Act .

(2.) Adumbrated in brief, the accusation leading to the prosecution runs thus:- The accused was serving as a clerk in the vacancy section of District Employment Exchange Office, Rourkela. The informant, P.W.3 had registered his name in the year 1984 in the said Employment Exchange Office. In the year 1993 his name was sponsored for a post of constable in Odisha State Armed Police, he had no physical fitness. On 16.03.1993 he made a representation to Additional District Magistrate, Rourkela to cancel such call letter and to give another call. His written application was forwarded to District Employment officer (DEO) with endorsement of the ADM. The informant produced the said letter before DEO who refused to give him any call as his name was already sponsored for many posts.

(3.) The plea of defence that on 30.11.1995 informant had come to accused and requested him to issue call letters. The accused did not agree, on next day, i.e., on 1.12.1995 at 11.30 AM the informant came and gave a letter addressed to ADM and requested him to show the same to DEO. The appellant made him to sit in his room and went to DEO to show the said letter. The District Employment Officer refused to issue any call letter. The appellant returned and handed over the letter of ADM to informant. By then, raiding party members entered and got his hand and shirt pocket washed. As he handled the letter addressed to ADM and kept the same in his shirt pocket while proceeding to DEO earlier, his hand and shirt pocket washed liquid was turned pink. Taking his absence, the informant had kept Rs.150 under his table cloth. The informant showed the same to the vigilance raiding party. On being compelled by vigilance police, the appellant brought out the tainted money and handed over the same to them. He specifically stated that neither he demanded nor received any bribe.