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1990 Supreme(Ori) 61

V.GOPALASWAMY
PANCHANAN ROUT – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
G.N.MAHAPATRA, M.R.MOHANTY, S.K.Mund, U.C.MOHANTY

V. GOPALASWAMY, J.

( 1 ) THIS appeal is preferred against the judgment dated 18-6-1983 of the Special Judge (Vigilance), Sambalpur, convicting the accused-appellant under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act and sentencing him thereunder to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a further period of three months and further convicting him under Section 161, I. P. C. as well without imposing any separate sentence thereunder.

( 2 ) THE prosecution case, briefly stated, is as follows : the appellant was serving as the Inspector of Police, Plant Site Police Station, Rourkela, from 19-2- 1979. P. W. 9 Md. Munna was doing iron scrap business since about 10 to 12 years prior to the date of occurrence and the licence of the business stood in the name of his nephew Md. Sabaj. On 3-3-1979 the appellant with his police staff raided the business premises of P. W. 9, seized scrap materials from the premises, arrested P. W. 9 and forwarded him to Court. On 5-3-1979 P. W. 9 was released on bail. On 13-3-1979 the appellant called P. W. 9 to the police station through a con





















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