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2022 Supreme(Ori) 490

S. K. SAHOO
State of Odisha (G. A. Vigilance) – Appellant
Versus
Rabinarayan Patra – Respondent


Advocates appeared:
Mr. Sangram Das Standing Counsel (Vig.), for the Appellant; Mr. Sobhan Panigrahi Advocate, for the Respondent

JUDGMENT

S.K. Sahoo, J. - The respondent Rabinarayan Patra faced trial in the Court of learned Additional Special Judge (Vigilance), Bhubaneswar in T.R. No.16 of 1997 for offences punishable under section 7 and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter 'P.C. Act') on the accusation that on 30.06.1993 he being employed as a Junior Clerk in the office of the Sub-Registrar, Sakhigopal and being a public servant accepted for himself illegal gratification amounting to Rs.200/- (rupees two hundred) other than legal remuneration and also accepted for himself gratification of Rs.500/- (rupees five hundred) other than the legal remuneration on 03.07.1993 from Sudarsan Behera (P.W.5) as a motive and reward for delivering two sale deeds to him and thus by corrupt and illegal means obtained for himself the gratification money at his office as pecuniary advantage by abusing his official position as such public servant without any public interest.

The learned trial Court vide impugned judgment and order dated 22.09.2009 has been pleased to hold that the investigation having been done by the trap laying officer who is an interested witness for the

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