M.C.MANJUNATHA Vs. STATE BY LOKAYUKTHA POLICE

JUDGEMENT

(1.) This criminal appeal is preferred challenging the judgment of conviction and order of sentence rendered by the Prl. Sessions Judge and Special Judge, Mysore in Special case No.69/2004 dated 26.06.2010 convicting the appellant/accused for the offences punishable under Section 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) The factual matrix of the appeal is that the accused was working as FDA at Nataka Karnataka Rangayana, Kalamandira, Mysore. It is stated that on 27.08.2002, accused demanded a sum of Rs.5,000/- from C.W.1-Aluru Doddaningappa who was working as Attender in the Rangayana, as illegal gratification other than legal remuneration for showing official favour that is to submit the records pertaining to the arrears of salary of C.W.1 to the higher authority for sanction. In this regard, CW.1 gave a complaint to the Lokayukta Police on 28.08.2002 and based on the said complaint, the Lokayukta Police Inspector conducted Entrust mahazar in the presence of panch witnesses and later the trap was laid and seizure mahazar was conducted. After completion of investigation, charge sheet came to be filed against the accused for the offences punishable under Section 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) Subsequent to laying of charge-sheet against the accused for the aforesaid offences, the accusation was read over and explained to the accused and he did not plead guilty but claimed to be tried. The prosecution in order to substantiate the case against the accused, in all examined seven witnesses as P.Ws.1 to 7 and got marked Exs.P1 to P9 and also got marked M.Os.1 to 9.