KHALEEL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1825 of 2002, dated 29.10.2007, whereby and where under the High Court has reversed the order of acquittal passed by the Trial Court and has convicted and sentenced the appellant-herein for the offences punishable under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, "the PC Act").

(2.) The brief facts of the prosecution case are that the appellant-herein was working as a clerk in the Public Works Department, Division Office, Yadgir. The complainant's house was let out on rent to the Block Development Office for running a SC & ST Hostel, and the Block Development Officer sent a requisition to the Public Works Department for estimating the rental value of the house. The file was pending for approval before the Executive Engineer, Public Works Department, Division Office, Yadgir, therefore the complainant visited the office wherein he met the appellant. The appellant asked for a bribe of L 3,500/- to get the process completed for estimation of the rental value of the complainant's house. When the complainant expressed his inability to pay such a large sum of money, the appellant agreed to accept L 1,500/- in advance and L 2,000/- at a later point in time.

(3.) On 26.06.1996 a complaint was filed before the Deputy Superintendent of Police, Karnataka Lokayukta, Gulbarga on the basis of which a case was registered under Section 7 and Section 13(1)(d) read with Section 13(2) of the PC Act. Pre-trap proceedings, including smearing the trap money worth L 1,500/- with phenolphthalein powder, were completed. Thereafter, the complainant along with panch witnesses and Lokayukta Police Officers went to the appellant's office. The complainant and panch witness (PW-7) went inside the office and the complainant handed over the tainted currency notes to the appellant. At about 3:30 p.m. they came out of the office, and on their signal the trap team entered the appellant's office. The tainted currency notes were found in the pant pocket of the appellant. The notes, the pant pocket, and the hands of the appellant were washed in sodium carbonate solution and the solution turned pink.