S.K.SAHOO,J. - (1.) The appellant Baisakhu Kumar Karna faced trial in the Court of learned Special Judge, Vigilance, Berhampur, Ganjam in G.R. Case No. 23 of 2006 (T.R. No.33 of 2008) for offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') on the accusation that on 28.11.2006 being a public servant employed as Junior Clerk in the District Welfare Office, Boudh, he accepted an amount of Rs.1000/- from the complainant Debasis Mohakul (P.W.1) as gratification other than legal remuneration as a motive for doing an official act, such as, for preparing and sending the compliance report to the letter no.47516/SSD dated 29.12.2005 of the Govt. of Orissa, SC & ST Department, Bhubaneswar in connection with the post applied for by Sanjib Kumar Gurandi (P.W.6), due to death of his father Hadibandhu Gurandi on 26.03.2002 while he was in service as Sevak at Kumar Keli Ashram in the district of Boudh and thereby abused his position as such public servant by obtaining for himself pecuniary advantage to the extent of Rs.1000/- from P.W.1.
(2.) The learned trial Court vide impugned judgment and order dated 26.06.2012 found the appellant guilty of the offences charged and sentenced him to undergo S.I. for six months and to pay a fine of Rs.500/-, in default, to undergo S.I. for one month under section 7 of the 1988 Act and further to undergo S.I. for one year and to pay a fine of Rs.1000/-, in default, to undergo S.I. for three months under section 13(2) read with section 13(1)(d) of the 1988 Act and both the substantive sentences of imprisonment were directed to run concurrently.
(3.) The factual matrix of the prosecution case, as per the written report presented by P.W.1 Debasis Mohakul before the Superintendent of Police, Vigilance, Berhampur on 27.11.2006 is that his father-in-law Hadibandhu Gurandi was serving as Sevak at Kumar Keli Ashram, Boudh which was a Government service. While he was in service, on 26.03.2002 he died. His brother-in- law namely Sanjib Kumar Gurandi (P.W.6) applied for service in the place of his deceased father under rehabilitation scheme. All the necessary documents in connection with the service were sent by the District Welfare Officer, Boudh to the Govt. of Orissa, SC & ST Department by letter no.635 dated 14.06.2004. The SC & ST Department by letter no.47516 dated 29.12.2005 sought for some clarification from District Welfare Officer, Boudh. P.W.6 was staying 80 kms. away from the District Welfare Office, Boudh and his financial condition was also not good. He came to the District Welfare Office on eight to ten occasions in connection with his service and met the appellant who was the Junior Clerk in the said office and also District Welfare Officer and requested them to send the necessary documents to the Government. P.W.1 was also visiting the office of D.W.O. along with P.W.6. When P.W.6 told the appellant that it would not be possible on his part to come to the office from such a long distance spending money, the appellant gave assurance to P.W.6 to do his work. On 24.11.2006 when P.W.1 met the appellant in his office and made a query about the dispatch of letter to the Government, the appellant demanded bribe of Rs.1000/- (one thousand only) for dispatching the letter and in spite of repeated request of P.W.1, he did not listen anything rather told him that unless the bribe amount is paid on or before 28.11.2006, the letter would not be dispatched to the Government. It is further stated in the written report that the complainant had decided to pay the bribe amount of Rs.1000/- to the appellant against his will.;