DUSASAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Having been convicted and sentenced to suffer R.I. for two years and to pay fine of Rs.5,000/- (five thousand), in default, to suffer further R.I. for one month for the offence under Section 7 of the Prevention of Corruption Act, 1988 ("Act 1988" for short) and R.I. for three years and to pay fine of Rs.10,000/- (ten thousand), in default, to suffer further R.I. for two months for the offence under Section 13(2) read with Section 13(1)(d) of the Act, 1988 by the learned Special Judge (Vigilance), Jeypore in T.R. No.15 of 2007, the Appellant has preferred this Appeal.

(2.) The substance of the prosecution case is as follows :-

(3.) The prosecution has examined seven witnesses to bring the charges to home against the Appellant. P.W.5 is the Complainant (decoy), P.W.3 is the accompanying / overhearing witness, P.W.1 is the witness to preparation, detection and seizure, P.W.2 is the Head-Clerk of the Tahsil Office and a chance witness, P.W.4 is the Tahsildar, Nabarangpur, P.W.6 is the Inspector of Vigilance, Nabarangpur who laid the trap and prepared Detection Report, P.W.7 is the Establishment Officer of Nabarangpur Collectorate who has proved the sanction order.