G.B.JAGADEESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in Spl.C.(Lokayukta) 9/2007 dated 24.03.2011 convicting the accused for the offences punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short the 'P.C.Act').

(2.) The accused was sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000/- for the offence punishable under section 7 of the P.C.Act and further, the accused was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.2,000/- for the offence punishable under Section 13(1)(d) r/w 13(2) of the P.C.Act.

(3.) The factual matrix of the appeal is that the accused is said to be a public servant working as Educational Coordinator (High School Cadre), B.E.O office, Mayakonda Centre, Southern Range, Davanagere. It is alleged that on 16.03.2007, he demanded an amount of Rs.2,000/- as illegal gratification as a motive or reward from the complainant -M.Sreenivasamurthy, to show an official favour to close the misappropriation case against him. On 7.4.2007 in between 3.20 p.m. and 4.00 p.m., in his office the accused accepted the said amount of Rs.2,000/- as illegal gratification as a motive/reward from the complainant to show the said official favour. The accused being public servant having demanded and accepted a sum of Rs.2,000/- to close the misappropriation case against the complainant, by showing an official favour by corrupt or illegal means from CW.1, has committed misconduct in discharge of his official duty, thereby committing offences punishable under Sections 7, 13(1)(d) r/w 13(2) of the P.C.Act.