JUDGMENT :

S.K. SAHOO, J.

The appellant Sidhartha Kumar Nath faced trial in the Court of learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No.86 of 1996 for offences punishable under section 7 and section 13(1)(d) punishable under section 13(2) of the Prevention of Corruption Act, 1988 (hereafter ‘1988 Act’).

The learned Trial Court vide impugned judgment and order dated 16.09.2005 found the appellant guilty of the offences charged and sentenced him to undergo imprisonment for one year on each count and to pay a fine of Rs.1,000/-, in default, to undergo imprisonment for three months on each count and the sentences of imprisonment were directed to run concurrently.

2. P.W.1 Prafulla Kumar Ojha presented a written report before the Officer in charge, Vigilance police station, Cuttack on 29.07.1993, on the basis of which Cuttack Vigilance P.S. Case No.37 of 1993 was registered under section 7 and section 13(1)(d) punishable under section 13(2) of the 1988 Act against the appellant. It is stated in the written report that P.W.1 was working as a contractor and he was given a contract to execute the work ‘construction of Kandarabandha Bridge’ in the year 1991 with contract value of