T.GOPALAIAH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the II Addl.District and Sessions Judge, Tumkur in Spl.Case No.67/2004 dated 2.7.2011 convicting the appellant/accused for the offence punishable under Section 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. The accused was sentenced to suffer RI for a period of six months and to pay fine of Rs.3,000/-, and RI for a period of one year and to pay of Rs.5,000/- and in default to pay the fine amount, to further undergo RI for three months and six months respectively for the offences punishable under Section 7 and 13(1)(d) r/w 13(2) of the P.C.Act respectively.

(2.) The factual matrix of the case of the prosecution is that on 01.12.2003 at about 15.05 hrs in Gubbi, the accused being a public servant who was serving as Second Division Surveyor in the office of Taluk Surveyor, Gubbi is alleged to have demanded and accepted illegal gratification of Rs.300/- from CW.1 with a motive to favour him in exercise of his official duty, thereby committing offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the P.C.Act.

(3.) Subsequent to registration of crime, PW.6 J.B.Rangaswamy, the Police Inspector of Lokayukta, Tumkur secured P.W.5 -Lakshminarasimharaju to act as panch witness. Accordingly, he drew the pre-trap mahazar as per Ex.P4 in the presence of panch witnesses and also in the presence of PW.3 -B.Shankaraiah based on a complaint as per Ex.P3 and so also, produced M.O.6 -3 currency notes of Rs.100/- denomination. During the pre-trap mahazar, PW.6 held demonstration in the presence of PWs.4 and 5 that if the Government servant comes into contact with tainted currency notes which is applied with phenolphthalein powder, then his fingers will be dipped into sodium carbonate solution and the same shall turn pink into colour. This demonstration was done by PW.6 in front of the panch witnesses. During the pre-trap mahazar, PW.6 gave certain instructions to PWs.4 and 5 and also in the presence of PW.3 who is the author of the complaint at Ex.P3 and also facilitated with M.O.6 currency notes. Subsequent to drawing the pre-trap mahazar, PW.6 led the team consisting the panch witnesses and also, PW.3 to the office of the accused where he was working as Second Division Surveyor. PW.3 tendered the tainted currency notes of Rs.300/- to the accused. Subsequently, PW.3 -Shankaraiah came out from the office of the accused and gave signal to PW.6 by wiping of his face with hand kerchief. Subsequent to receipt of signal extended by PW.3, PW.6 rushed to the office of the accused where PW.3 had tendered the tainted money to accused and kept in his short pocket. M.O.6 was verified by PW.5 on which the phenolphthalein powder was applied and also noted the number of currency notes, which were tallied.