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1985 Supreme(Ori) 173

K.P.MOHAPATRA
TAFAZUL RAHMAN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
J.P.MISHRA, L.MOHAPATRA, P.K.MISHRA

K. P. MOHAPATRA, J.


( 1 ) IN this appeal challenge is to the Order passed by the learned Special Judge (Vigilance), Sambalpur convicting the appellant under Ss. 161,465 and 477-A of the Indian Penal Code ('i. P. C. ' for short) and under S. 5 (2) read with S. 5 (1) (d) of the Prevention of Corruption Act (hereinafter referred to as the Act') and sentencing him to undergo rigorous imprisonment for one year for each offence with a further direction that the sentences shall run concurrently.

( 2 ) THE prosecution case may be stated in brief. The appellant was a public servant employed as the Stenographer of the Superintending Engineer,p. W. D. (R and B), Sambalpur. P. W. 12 Manoranjan Patnaik was a Contractor who had submitted an application in the office of the Superintending Engineer for registration as a 'd' class Contractor. On 3-8-1976 he met the appellant and made a specific request for registration because, the appellant was dealing with such matters. The appellant told that a sum of Rs. 50/- would have to be deposited under challan as application fee and accordingly P. W. 12 gave a sum of Rs. 50/-to the appellant for the said purpose. He also gave another sum of Rs. 5/- to hi











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