M.R. PURUSHOTHAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.1.2011 passed by the High Court of Karnataka at Bangalore in Criminal Appeal no.1130 of 2007 reversing the judgment of acquittal dated 8.12.2006 in Special Case no.36 of 2001 passed by the Principal Special Judge, Mandya. The High Court in the impugned judgment found the appellant/accused not guilty of the offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred as "the Act") but guilty of offences under Section 13(1)(d) read with Section 13(2) of the Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for a period of three months.

(2.) The case of the prosecution in brief is as follows :

(3.) The Trial Court framed charges under Sections 7, 13(1)(d) read with Section 13(2) of the Act and the accused pleaded not guilty. The prosecution examined four witnesses and marked Exh.P1 to P10 and M.Os. 1 to 10. The Trial Court held that the prosecution has failed to prove the charges against the accused and acquitted him. The State preferred appeal and the High Court in the impugned judgment held that the prosecution has failed to prove the offence under Section 7 of the Act and at the same time it proved the commission of offence under Section 13(1)(d) by the accused and consequently set aside the judgment of acquittal for said offences and convicted the appellant/accused for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Act and sentenced him as stated above. The said judgment is under challenge in this appeal.