The essential requirements of proving both demand and acceptance of bribe are crucial for conviction under the Prevention of Corruption Act, supported by the necessity of credible evidence.

JUDGMENT :

S.K. SAHOO, J.

The appellant Ranjan Kishore Behera (hereinafter "the petitioner") who was the District Labour Officer, Phulbani during the year 2019 has filed this interim application under section 389 of Cr.P.C. for stay of impugned judgment and order of conviction dated 24.11.2023 passed by the learned Special Judge (Vigilance), Phulbani in G.R. Case No.15 of 2019 (v)/T.R. No.12 of 2021 in convicting him under section 7 of the Prevention of Corruption Act, 1988 (as amended by Act No.16 of 2018 (hereafter 81988 Act") and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- (rupees five thousand), in default of payment of fine, to undergo further rigorous imprisonment for three months.

2. The prosecution case, in short, is that on 07.11.2019 at about 2.45 p.m. while the petitioner was working as District Labour Officer, Phulbani, he demanded and accepted a sum of Rs.15,000/- (rupees fifteen thousand) from the complainant Babuja Pradhan (P.W.4) as illegal gratification other than legal remuneration, as a motive or reward for the scrutiny and processing the documents and to recommend the files of four numbers of beneficiaries to get the death assistance of Rs.1,00,000/- (rupees one lakh) and other death benefits in favour of the family of the labourers as per the Govt. scheme and thereby, he committed an offence publishable under section 7 of the 1988 Act. It is the further prosecution case that P.W.4 being the President of Shramika Sangha was looking after the case of said beneficiaries and when he approached the petitioner to process the files, the petitioner demanded Rs.8,000/- (rupees eight thousand only) for each of the beneficiaries and ultimately, it was settled at Rs.15,000/- (rupees fifteen thousand).

It is the further prosecution case that being dissatisfied with the illegal demand raised by the petitioner, P.W.4 lodged a written report before the Superintendent of Police (Vigilance), Berhampur through the D.S.P. (Vigilance) on 06.11.2019. On the basis of such report of P.W.4, Berhampur Vigilance P.S. Case No.30 of 2019 was registered against the petitioner under section 7 of the 1988 Act and the Superintendent of Police (Vigilance), Berhampur directed P.W.11 to take up preliminary investigation and also directed P.W.12 to take up charge of investigation of the case subsequently. Accordingly, a preparation of trap was made and on 06.11.2019, requisition was issued for procuring the attendance of the independent witnesses to accompany the trap party. The Vigilance personnel, the complainant and independent witnesses assembled at Vigilance Unit Office, Phulbani at 11.30 a.m. and P.W.4 was introduced to the other trap party members by P.W.11 (T.L.O.). The complainant (P.W.4) narrated his grievance before them and produced Rs.15,000/- (rupees fifteen thousand) in the shape of seven nos. of 2000 GC notes and two nos. of 500 GC notes after which one Vigilance Constable Rama Chandra Sahoo was directed to demonstrate the chemical reaction of phenolphthalein powder with sodium carbonate solution. The GC notes produced by P.W.4 were smeared with phenolphthalein powder and wrapped in a four-fold paper and the same was handed over to P.W.4 with instruction to give the same to the petitioner only on demand. The official witness, namely, Nilakantha Sahu (P.W.5) was selected as overhearing witness to accompany P.W.4 to the spot, to overhear the conversation between P.W.4 and the petitioner, to see the transaction and to relay the signal to the trap party members. Another independent witness, namely, Srikanta Mishra (P.W.8) was directed to accompany the trap party members with an instruction to compare the number and denomination of