C. KRISHNAIAH Vs. STATE

JUDGEMENT

(1.) The appellant faced trial for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (referred to as 'Act' for short) as accused no.2 in Spl. Case No.19/2007 on the file of III Addl. District and Sessions Judge, Mysore. The court acquitted him of the offence under Section 7, but convicted him for the offence under Section 13(1)(d) r/w 13(2) of the Act and sentenced him to simple imprisonment for a period of one year and fine of Rs.10,000/- with a default sentence period of three months. Hence this appeal by accused no.2.

(2.) The prosecution case is that PW.1 K.Ramaswamy, his children and brothers made an application to accused No.1 i.e., the Assistant Commissioner of Mysore SubDivision seeking conversion of their agricultural lands into non-agricultural purpose. PW-1 alleged that accused no.1 demanded of him a bribe of Rs.1,50,000/- for passing conversion order and pursuant to said demand, PW-1 gave him Rs.30,000/- and assured him of paying the balance. Thereafter PW-1 approached the Lokayukta Police, Mysore and made a report to the latter about the demand made by accused no.1 for bribe. They laid a trap on 21.02.2000. On that day when PW-1 approached accused no.1 with money of Rs.20,000/-, the latter asked him (PW-1) to hand over that money to accused No.2 who was working as second division assistant in his office. Accordingly PW-1 handed over that money to him and immediately the latter was trapped. When phenolphthalein test was conducted, his hand wash answered positive for the presence of phenolphthalein and therefore both were charge sheeted by the Lokayukta Police.

(3.) Accused no.1 came to be discharged by the court below because the prosecution had not obtained sanction from the government. The prosecution did not think of applying for sanction once again and accused no.1 was not prosecuted at all thereafter. Only accused No.2 faced trial.