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1987 Supreme(Ori) 142

B.K.BEHERA
LOKANATH – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.P.SAHU, G.BOHIDAR, G.N.MOHAPATRA, S.K.Mund, U.C.MOHAPATRA

B. K. BEHERA, J.

( 1 ) THE charges framed against the appellant were that while he was employed in the Civil Supplies Office at Rourkela in the district of Sundargarh as Assistant Civil Supplies Officer, he accepted or obtained a sum of Rs. 1,000. 00 on March 19, 1977 from some dealers in essential commodities as a motive or reward for doing or for bearing to do an official act, viz. , to return the records of their respective control shops which had been token by him and thereby committed an offence punishable tinder section 5 (2) read with section 5 (1) (a) of the Prevention of Corruption Act, 1947 (to be referred to hereinafter as the Act), had obtained in that capacity, by corrupt and illegal means or otherwise abusing his position as a public servant, pecuniary advantage to the extent of Rs. 200. 00 for himself from Niranjan Khemka on March 28, 1977 and thus committed an offence punishable under section 5 (2) read with section 5 (1) (d) of the Act and that by receiving this gratification of Rs. 200. 00, he had also committed an offence punishable under section 161 of the Indian Penal Code (for short, the Code ). To bring home the charges to the appellant, the prosecution had





















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