STATE OF ORISSA Vs. DURGAMADHAB PANDA

JUDGEMENT

(1.) The State, by filing this appeal, has impeached the judgment dated 25.04.1992 passed by the learned Additional Special Judge, Vigilance, Bhubaneswar in T.R. Case No.10/2 of 1986/85. By the said judgment, the respondents (accused persons), who stood charged and faced the trial for the offence under section 342/385/218 with section 109 of the Indian Penal Code (in short, 'the IPC') and section 5(1)(d) of the Prevention of Corruption Act (in short, 'the PC Act'), have been acquitted of the charges.

(2.) The prosecution case, in short, is that during March to May, 1980, accused Durgamadhab Panda was working as Officer-in-Charge of Rambha Police Station situated within the sub-division of Chhatrapur in the district of Ganjam. Accused Prafulla Kumar Pattnaik is a local man, who hails from that Rambha town. A Primary Health Centre (PHC) had been set up at Khandadeuli, which falls under the jurisdiction of said Rambha Police Station. The Medical Officer, Dr.S.M.Rao then posted in the said health centre lodged an FIR at Rambha Police Station on 12.3.1980 against four other employees of the said centre. He named the culprits in the FIR and alleged that they forcibly entered into his residential quarter, intimidated and assaulted him and committed robbery in taking away removing his valuables such as wrist watch, gold chain, cash etc. Accused Durgamadhab Panda, the then OIC of Rambha P.S., on the basis of said FIR, registered the case against those persons and conducted investigation. He submitted charge sheet against them for offence under section 394/34 of IPC.

(3.) After about two and half years, the Inspector of Vigilance Police stationed at Chhatrapur lodged one FIR on 25.1.1983 that on enquiry, it came to light that accused Durgamadhab Panda procured attendance of some other employees of that health centre by issuing notice to them through Principal Medical Officer of the centre and threaten to arrest by implicating them in that case, unless they pay bribe. Giving that threat, he collected the bribe money from them. It is stated that other accused Prafulla Kumar Pattnaik actively participated and aided in commission of the said offence by accused Durgamadhab Panda as his main associate in the matter of collection of bribe money. On the basis of said FIR, Berhampur Vigilance P.S. Case No.2 of 1983 was registered and investigation commenced. Finally, charge sheet was submitted against these two accused persons as aforementioned.