JUDGMENT

S.K. SAHOO, J.

The appellant Sanatan Dash faced trial in the Court of learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No.26 of 1993 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 03.02.1992 being a public servant employed as Accountant in the office of the Executive Engineer, Electrical, Keonjhar, he accepted an amount of Rs.500/- (rupees five hundred) from the complainant Satrughna Sahu (P.W.1) as gratification other than legal remuneration as a motive for doing an official act i.e., passing his house rent bill amounting to Rs.10,216/- (rupees ten thousand two hundred sixteen) in exercise of his official function and thereby obtained pecuniary advantage to the extent of Rs.500/- from P.W.1 by corrupt or illegal means and/or by otherwise abusing his position as public servant.

The learned trial Court vide impugned judgment and order dated 08.12.2003 found the appellant guilty of the offences charged and sentenced him to undergo R.I. for two years and to pay a fine of Rs.1,000/-, in default, to undergo R.I. for six months under section