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B.K.Nayak
Antaryami Bihari – Appellant
Versus
State of Orissa – Respondent


Counsel for the Parties:
For the Appellant:M/s Smruti Ranjan Mohapatra B.R. Mohanty, B.K. Raj, M. K. Swain, S. Harichandan, M.K. Mohanty and M.K. Subudhi, Advocates.
For the Respondent: Mr. S. Mohanty, Standing Counsel.

JUDGMENT

B.K. Nayak, J.—In this appeal the appellant challenges the judgment dated 29.1.2011 passed by the learned Special Judge (Vigilance) Bhubaneswar in T.R. No. 35 of 1999 whereby the learned Special Judge has convicted the accused/appellant under Section 13(2) read with Section 13(1)(d)/7 of the Prevention of Corruption Act, 1988 (in short ‘the P.C. Act’) and sentenced him to undergo R.I. for one year and to pay a fine of Rs.1,000, in default to undergo R.I. for one month under Section 13(2) read with Section 13(1)(d) of the P.C. Act and to undergo R.I. for six months and to pay a fine of Rs.500 in default to undergo R.I. for fifteen days under Section 7 of the P.C. Act. Both the sentences are to run concurrently.

2. The prosecution case is that at the relevant point of time the appellant was working as Junior Clerk in the office of the Tahasildar, Bhubaneswar. The complainant Sudhansu Sekhar Rath had applied to the Tahasildar, Bhubaneswar for issuance of income and residential certificates supported by an affidavit and had handed over the applications to the appellant on 29.5.1998. The certificates were necessary for availing loan under the P.M.R.Y. Scheme by the complainant.

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