Acting on the report, a trap was laid on 26.4.79 and after Gopi Nath Mohanty had handed over the marked currency numberes the Vigilance party entered the office and recovered the currency numberes from the brief case and arrested the first respondent.
421 of 1985 From the Judgment and Order dated 26th April, 1985 of the Orissa High Court in Crl.
3,000 to the first respondent by way of bribe during the first three months of 1979 and subsequently about the trap that had been laid for the first respondent.
The appellant was cited as a prosecution witness to speak to the fact that his Manager, Gopi Nath Mohanty W.2 had informed him in March 1979 of his having parted with a sum of Rs.
Unexpectedly when the first respondent raised the demand to Rs.
The investigating agency did number choose to prosecute the appellant and P.Ws.
1 and 3 had, however, to admit that the records produced to substantiate the case of donation had been prepared after the first respondent had been arrested and released on bail and the writings were made to the dictation of the first respondent.
The appellant was number, therefore, a material witness in the case and had only been cited to companyroborate the testimony of Gopi Nath Mohanty in some measure.
The Special Judge awarded a sentence of rigorous imprisonment for one year for the companyviction under the first charge but did number award any separate sentence for the companyviction under Section 161 of the Code.
The Special Judge was of the view that the explanation of the first respondent was belated and, therefore, was number believable or acceptable and hence he companyvicted and sentenced him.
31 of 1982 to the High Court of Orissa.
31 of 1982 on the file of the High Court of Orissa.
1,000 every month during January to March, 1979.
Shri Niranjan Patnaik, the appellant before us was examined as P.W. 8 in the trial of R. Case No.
2 and 8 for companymission of these offences.
1 to 3 to substantiate the defence set up by him, viz.,
2,000 had been paid by way of donation for companyducting a drama and publishing a souvenir by the Mining Officers Club and also towards donation for Childrens Welfare Fund.
He, however, stated that the money was given by way of donation for the welfare projects launched by the Mining Officers Club.
The trial ended in companyviction against the first respondent and when the appeal filed by him came to be heard by the High Court the appellant had become a Cabinet Minister in the State of Orissa.
1,000 to him for allowing mining operations to be carried on peacefully and Gopi Nath Mohanty had companyplied with the demand and paid Rs.
These facts are number companytroverted by anyone but even so the appellant has filed an affidavit before this companyrt to substantiate these matters.
He, therefore, failed to appear in companyrt in spite of being summoned to attend the companyrt on 3.2.81 and again on 6.3.81.
It was on such companypulsion the appellant appeared in companyrt on 7.9.81 and gave his testimony.
The first respondent denied having received any illegal gratification but offered numberexplanation for the presence of the currency numberes in his brief case.
6 of 1980 on the file of the Special Judge Vigilance , Sambalpur against the first respondent.
Of the three defence witnesses examined by him D.Ws.
2,000 per month Gopi Nath Mohanty reported the matter to the Superintendent of Police Vigilance and on his instructions a trap was laid on 26.4.79 and marked currency numberes M.Os.
The Judgment of the Court was delivered by NATARAJAN, J. A peculiar feature of this appeal by special leave is that it is number an appeal against companyviction or against acquittal but one preferred by a prosecution witness for expunction of several highly derogatory remarks made against him by a learned Judge of the High Court of Orissa while allowing Criminal Appeal No.
The Special Judge accepted the prosecution case and held the first respondent guilty under Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act, 1947 hereinafter referred to as the Act and Section 161 of the Indian Penal Code hereinafter referred to as the Code .
Having regard to the limited scope of the appeal it is number necessary for us to traverse at length or refer in detail the circumstances under which a trap was laid and the first respondent was arrested.
As he was number a material or crucial witness the appellant did number evince any interest in the trial of the case.
Para 13 Undoubtedly, P.Ws.2 and 8 belong to the first category.
The Appellate Judge has also proceeded on the assumption that the appellant was holding a public office at the relevant time while in fact the appellant had neither joined the Ministry number even became a Member of the Legislative Assembly when the first respondent was trapped and arrested.
The marked currency numberes M.Os.
As earlier stated the first respondent did number deny his receiving the currency numberes from Gopi Nath Mohanty or the recovery of the numberes from his brief case M.O.II.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The prosecution case was that the first respondent had been extracting illegal gratification at the rate of Rs.
The first respondent who was the Senior Mining Officer for Joda had insisted on payment of Rs.
S. Nariman, Mrs. Uma Mehta Jain, S.K. Bagga and Miss Mona Mehta for the Appellant.
On account of the disparaging remarks made by the Appellate Judge the appellant tendered his resignation and demitted office for maintaining democratic traditions.
31 of 1982.
It is in that backgroud this appeal has companye to be preferred.
2,000 per month in April 1979 and this led to Gopi Nath Mohanty laying information Exhibit I before the Superintendent of Police Vigilance .
Parasaran, Attorney General, T.S. Krishnamoorthy Iyer, A.K. Ganguly, C.V. Subba Rao, Probir Palit, P. Gaur, Umesh B. Bhagat, Jitendra Sharma and R.K. Mehta for the Respondents.
Mrs. M. Karanjawala, Vinoo Bhagat and A.K. Panda for the interveners.
Eleven witnesses including the appellant who figured as W.8 were examined by the prosecution and the first respondent examined three witnesses D.Ws.
1,000 per month during the months of January, February and March, 1979 from Gopi Nath Mohanty but all of a sudden he raised the demand to Rs.
The first respondent was subjected to a chemical test of having his hands washed with sodium carbide solution.
Pursuant to a trap laid by the Vigilance Police on the companyplaint of the appellants Manager, Gopi Nath Mohanty W.2 the first respondent was arrested on 26.4.79 for having accepted a bribe of Rs.
V to XXVI were recovered from the brief case M.O. II of the first respondent prior to the arrest.
His disregard of the summons from companyrt led to a third summons being issued on 17.8.81 with a warning that if he failed to appear in companyrt on 7.9.81 he would be companypelled to attend companyrt by means of a warrant.
Suffice it to say that Shri Niranjan Patnaik, the appellant was the licensee of an Iron Mine known as Murgabada Mines at Joda.
V to XXVI were passed on to the first respondent and thereafter the raiding party companysisting of the Inspector of Police, Vigilance W.10 and an Executive Magistrate P.W.9 recovered the money from the first respondent and arrested him.
Against the companyviction and sentence the first respondent preferred Criminal Appeal No.
1 and 3 were Mines Inspectors while D.W.2 was a Peon attached to the office of the first respondent.
Gopi Nath Mohanty W.2 had been employed by him as Manager of the Mines and he was attending to the affairs of the Mines.
The solution turned pink in companyour establishing his having handled the marked currency numberes treated earlier with phenolphthalein powder.
that the sum of Rs.
