JUDGMENT :

1. This appeal has been preferred against judgment dated 25.2.2002 passed by First Additional Sessions Judge and Special Judge under the Prevention of Corruption Act, 1988 (henceforth ‘the PC Act’), Bastar at Jagdalpur in Special Case No.1 of 1999, whereby the Appellant has been convicted and sentenced as under:

Conviction Sentence

Under Section 7 of the PC Act Rigorous Imprisonment for 2 years and fine of Rs.2,000 with default stipulation

Under Section 13(1)(d) read with Section 13(2) of the PC Act Rigorous Imprisonment for 2 years and fine of Rs.2,000 with default stipulation Both the jail sentences are directed to run concurrently

2. Prosecution case, in short, is that at the relevant time, the Appellant was posted as an Accountant in the office of Block Education Officer, Antagarh. Co-accused (acquitted) Fagnuram Bhagat was posted as a Higher Division Clerk (H.D.C.) in the office of Block Development Officer, Antagarh. Chainuram Komra, who was father of Complainant Jairam Komra (PW2) died on 18.1.1998. Chainuram Komra was an Assistant Teacher. His D.R. Gratuity amounting to Rs.64,685 was receivable by the Complainant after giving no objection certificate (N.O.C.) by