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2003 Supreme(Ori) 697

L.MOHAPATRA
Niranjan Bharati – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Appellant:M/s B. B. Biswal, D. K. Biswal, M. R. Panda, B. R. Biswal, and S. K. Panda
For Opp.Party:Mr. D. K. Mohapatra, Standing Counsel (Vigilance)

JUDGMENT

L. MOHAPATRA, J. — This appeal is directed against the judgment and order of conviction passed by the learned Special Judge (Vigilance), Sambalpur in T.R. Case No.5 of 1999 convicting the appellant under Sections 13(2) and 7 of the Prevention of Corruption Act, 1988. The appellant has been sentenced to undergo R.I. for one year and has also been directed to pay Rs. 1000/-, in default to undergo R.I. for a period of three months.

2. Case of the prosecution is that one Kailash Chandra Dehury (P.W.3) was working as Peon in the office of the S.D.O., National Highway Sub-Division, Angul. He had applied for sanction of loan from G.P.F. account and also had submitted an application for some advances to meet the medical expenses of his wife. He had also applied for leave salary due to him. The above applica¬tions were sent to the office of the Executive Engineer, National Highway Division, Dhenkanal where the appellant was working as Dealing Assistant and was required to process the applications for sanction of leave as well as G.P.F. loan. It is alleged that P.W.3 (complainant) approached the appellant for early sanction of G.P.F. as well as leave salary but the papers were not p












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