Judgement

JAGANNADHA DAS, C. J. :- This is an application for leave to appeal to the Supreme Court against the judgment of this Court in Government Appeal No.3 of 1951.*One Sri Minaketan Patnaik, Civil Supplies Officer, Bolangir, was prosecuted for having committed an offence under S.161, Penal Code, by accepting a sum of Rs.200/- as illegal gratification from one Purushottam who was examined as P.W.1. The trial court disbelieved the oral evidence given in support of the prosecution case and acquitted the accused. As against that acquittal, the State Govt. filed an appeal to this Court. It was heard by my learned brothers, Panigrahi and Narasimham, JJ. Ultimately, the appeal was dismissed by this Court. It is against that dismissal that this application for leave to appeal is made by the State.

* Reported as AIR 1952 Orissa 267.

2. The case for the prosecution very shortly stated was as follows: P.W.1 is the purchasing agent of the firm of Shivashankar Tricumjee. The accused on two occasions, once on 25-1-1950, and again on 12-2-1950, demanded a bribe from P.W.1 in order that he may use his official position to facilitate certain exports of Kudo from Kantabanji railway station, for th