NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 9th February, 2012 passed by the High Court of Karnataka at Bangalore whereby the High Court has, while reversing an order of acquittal passed by the Trial Court, convicted the appellant under Sections 7 and 13 read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo imprisonment for a period of six months under Section 7 and a period of one year under Section 13 besides fine and sentence of imprisonment in default of payment of the same. The facts giving rise to the filing of the appeal may be summarised as under:

(2.) The appellant was working as a Bill Collector in Sabbanakruppe Grama Panchayath, in S.R. Patna Taluk of the State of Karnataka. The prosecution case is that the complainant who was examined at the trial as PW-1, appeared before the Lokayukta Police to allege that the appellant had demanded a bribe of Rs.500/- from him for issue of a copy of a certain resolution dated 13th March, 1998 passed by the Sabbanakruppe Grama Panchayath. Since the complainant was unwilling to pay the bribe amount, he prayed for action against the appellant. The Lokayukta Police appears to have secured panch witnesses, prepared an entrustment memo and handed over the intended bribe amount to the complainant after applying phenolphthalein powder to the currency notes for being paid to the appellant upon demand.

(3.) Aggrieved by the order of acquittal passed by the Trial Court, the State preferred Criminal Appeal No.1260 of 2006 which, as noticed earlier, has been allowed by the High Court in terms of the judgment and order impugned in this appeal. The High Court held that since the validity of the sanction order was not questioned at the appropriate stage, the appellant was not entitled to raise the same at the conclusion of the trial. On the merits of the case, the High Court held that the depositions of PWs 1 and 2, who were none other than the complainant and the shadow witness had sufficiently proved that the appellant had demanded bribe amount and received the same. The High Court held that the discrepancies in the evidence regarding the manner of giving the amount were inconsequential. The High Court also placed reliance upon the explanation of the appellant as recorded in the trap mahazar to hold that the appellant had admitted the receipt of the amount, no matter he had offered an explanation according to which the amount represented "tap charges", which explanation was not supported by any defence. The High Court has, on those findings, held the charges framed against the appellant to have been proved. He was accordingly convicted for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the P.C. Act and sentenced to imprisonment for six months and one year respectively besides a fine of Rs.3,000/- under Section 7 and Rs.5,000/- under Section 13(1)(d) read with Section 13(2) of the P.C. Act with a default sentence of one month and two months respectively. The sentences were directed to run concurrently.