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2014 Supreme(Ori) 60

B.K.PATEL
Raj Kishore Lenka – Appellant
Versus
Republic of India – Respondent


Advocates Appeared:
For Appellant : M/s. S.K. Mund, D.P. Das, and J.K. Panda
For Respondent: Mr. S.Mohanty, Mr. V. Narsingh (for CBI)

JUDGMENT

B.K. PATEL, J. – By the impugned judgment dated 30.05.2000 passed by learned Special Judge (CBI), Bhubaneswar in T.R.Case No.118/83 of 99/96, appellant having been found guilty of offences punishable under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act (for short 'the P.C.Act'), has been sentenced to undergo R.I. for a period of one year and also to pay fine of Rs. 500/- only on each count, in default to undergo R.I. for a further period of three months.

2. Prosecution case is as follows :

The informant-decoy P.W.2 had a tea and tiffin stall near Puri Railway Station. Consequent upon removal of P.W.2's stall by the district administration in view of celebration of ensuing Nabakalebar Ratha Yatra Festival of Lord Jagannath in the year 1996, P.W.2 started his tea and tiffin stall near Zilla School, Puri. As business in that area was not good, P.W.2 desired to re-install his stall near the Railway Station. The appellant, who was working as a Sub-Inspector of Police, Railway Protection Force (S.I., RPF) Post, Puri Railway Station took breakfast in P.W.2's shop on 16.7.1996 at about 8 A.M. and told that in case P.W.2 wanted to install the tiffin stall near Pur

































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