BIPRA DAS CHAKRABARTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant stands convicted under Section 5(1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 and Section 161 or the Indian Penal Code (vide the judgment and order dated 17.7.1995 passed by learned Special Judge (Vigilance), Sambalpur in T.R. Case No. 18 of 1991) and sentenced to undergo R.I. for three years on each count and sentences are to run concurrently.

(2.) BRIEFLY stated the prosecution case is that the Appellant was a public servant being the Secretary of Co -operative Land Development Bank, Panposh. Chitaranjan Nanda (P.W. 1) was retrenched from the service of that bank as a peon on 1.6.1988. He had some arrears due to him from the bank on account of which he approached the Appellant for making payment. The Appellant demanded a sum of Rs. 300/ - from him as illegal gratification for the purpose. P.W. 1 expressed inability to pay such high amount and ultimately the deal was finalised at Rs. 200/ - to be paid to the Appellant on 2.7.1988. P.W. I, however, instead of paying the gratification reported the matter to the Deputy Superintendent of Police (Vigilance), Rourkela. Accordingly, a trap was laid against the Appellant who was ought red -handed while accepting the bribe of Rs. 200/ - from P.W. 1.

(3.) IN support of its case prosecution examined seven witnesses. P.W. 1 was the retrenched peon and was the decoy. P.W. 2. was the Stenographer of the Collectorate, Sundargarh, who had accompanied P.W. 1 to the office of the Appellant on the date of occurrence. F.W. 3 was a junior Clerk in the office of the Registrar, Co -operative Societies, Bhubaneswar who produced the file dealing with grant of sanction for prosecution of the Appellant. P.W. 4 was the president of Panposh Co -operative Land Development Bank. P.W. 5 was the Additional Commercial Tax Officer, who was one of the members of the raiding party. P.W. 6 was the Registrar, Co -operative Societies, who accorded sanction to prosecute the Appellant. P.W. 7 was the Investigating Officer.