JUDGMENT

S. PANDA, J. — This appeal is directed against the judgment dated 31.10.2006 passed by the learned Special Judge (CBI), Bhubaneswar in T.R. No.6 of 2003 convicting and sentencing the appellant for commission of offence under Section 7 read with Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act (in short, “the Act”).

2.The facts leading to the prosecution case are as follows:

The complainant-Kasinath Hota had applied for a new telephone connection for operating a public call booth. He had deposited the requisite fees with the Department and an advice note was issued in his favour. The complainant on several occasions met the accused and requested him to provide the connectivity as the accused was then serving as a regular Mazdoor incharge of Manikagoda Exchange. The accused demanded an illegal gratification of Rs.1000/- from the complainant on 8.1.2003. Therefore, on 11.1.2003 the complainant lodged an FIR before the SP, CBI, Bhubaneswar who directed G.R. Mohanty, Inspector, CBI, Bhubaneswar to take up the investigation of the case. A trap was arranged on the same date. At the instance of the Inspector, CBI, the complainant, two other independent witnesses and ot