JUDGMENT

Chittaranjan Dash, J. - This appeal under section 9 of the Orissa Special Courts Act,1990 arises from the Judgment and order dated 6th March 1995 passed in Special Court Case No.4 of 1993 of the Single Judge of this Court wherein the learned Single Judge having tried the offences against the Appellant under Section 13 (2) of Prevention of Corruption Act,1988 (in short, the 'Act') read with Section 8(3) of the Orissa Special Courts Act,1990 (in short, the 'Special Act') held him guilty there under, convicted and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rupees Five lakhs (Rs.5,00,000/-), and in default of payment of fine to undergo rigorous imprisonment for a further period of eighteen months.

2. The case of the prosecution are that the Appellant while being engaged as employee of the government, being a public servant under section 2 (c) of the Act during the period between 12th June 1963 to 24th March 1990 acquired assets to the tune of Rs.8,03,395.08 which was disproportionate to his known source of income.

3. It is the case of the prosecution that on 24th March 1990 PW-11 Banabihari Nayak, Inspector of Police attached to Vigilance