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2014 Supreme(Ori) 625

B.P.RAY
U. Harigopal – Appellant
Versus
Republic of India – Respondent


Advocates:
Advocate Appeared:
For the appellant: M/s. D.P. Das, S. Behera, B. Pati
For the respondent: M/s. S.K. Padhi, G. Mishra

JUDGMENT :

B.P. Ray, J.

This appeal has been preferred under Sections 374 of Criminal Procedure Code and Section 27 of the Prevention of Corruption Act by the appellant challenging the judgment and order of conviction dated 07.08.2004 passed by the learned Special Judge (C.B.I.), Bhubaneswar sentencing him to undergo rigorous imprisonment for a period of one year and pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo rigorous imprisonment for a period of six months for the offence under Section 7 of Prevention of Corruption Act and rigorous imprisonment for two years and pay a fine of Rs.5,000/- (rupees five thousand), in default of such payment, to undergo further rigorous imprisonment for a period of one year for the offence under Section 13(2) r/w Sec. 13(1)(d) of the said Act and both the substantive sentences were directed to run concurrently.

2. Prosecution case, in short, is that complainant (P.W.2) Ramesh Chandra Sahu, Secretary, Kedar Gouri Khadi Gramodyog Samiti, Bhubaneswar had applied for a loan to Khadi and Village Industries Commission (in short, 'KVIC'), Bhubaneswar, for opening of a jewellery shop by their Samiti. The appellant-accused was the Direc


































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