A.B.H. SAKKAREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Karnataka in Criminal Appeal No. 473 of 2002, dated 28.02.2008, whereby and where under the High Court has set aside the judgment and order of acquittal passed by the Trial Court in SPL.C.C. No. 47 of 2000. The brief facts of the case are that the Appellant was the Village Accountant of Tavarekere, Bangalore South Taluk. The complainant (PW-1) had applied for, and received, a mutation copy in respect of certain joint family property. However, since his mother's name had not been added in the same, he requested the Appellant to effect the necessary changes. The Appellant demanded a sum of Rs. 500/- as bribe in exchange for making the said change and asked PW-1 to bring the said amount to his office on 06.04.1999. PW-1 lodged a complaint before the Lokayukta Office and trap proceedings were conducted, including smearing currency notes produced by PW-1 with phenolphthalein powder.

(2.) Accordingly, on 06.04.1999, PW-1 met the Appellant and, on him demanding the amount, handed over the said currency notes to the Appellant. On PW-1's signal, the trap team arrived at the scene and seized the said amount from the Appellant. The sodium carbonate test was done on the Appellant hands which tested positive. The Appellant's bag was also seized and a trap Mahazar was made.

(3.) The investigation was completed and a charge sheet against the Appellant for offences Under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act") was filed before the Trial Court. The Appellant appeared before the Trial Court. The charges were read over and explained to the Appellant who pleaded not guilty. Consequently, the case was committed to trial.