STATE BY THE POLICE INSPECTOR Vs. V NAGENDRAPPA

JUDGEMENT

(1.) THIS criminal appeal is by the Lokayuktha Police, Chitradurga, calling in question the judgment of acquittal passed by the trial Court in favour of the respondent-accused. The trial Court acquitted the respondent, who was charged with the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case, in short, is that the respondent-accused, while working as an F.D.A. in the office of the Deputy Commissioner, Chitradurga, demanded from the complainant Rs. 1,000/- as bribe amount and this was,towards doing a favour to the complainant by forwarding the complainant's departmental inquiry report prepared by the Tahasildar to the Directorate of Economics and Statistics, Bangalore, in respect of promotion of the complainant. It is the case of the prosecution that on 13.9.2001, at about 4.15 p.m. in the office of the accused, the accused demanded and accepted bribe amount of Rs.1,000/- from complainant Manjunatha' Swamy.

(3.) THE learned trial Judge, after appreciating the evidence on record, held that the possibility of the complainant having forcibly thrusting the amount into the pocket of the accused cannot be ruled out and even before the accused could take out the money and give it back, the raiding officials came and caught hold of the accused and taking note of the evidence of P.Ws.6 and 11 being not helpful to the prosecution case, the trial Court opined that there was no corroboration to support the self-serving statement of P.W.I complainant. It is on this reasoning, on the basis of the evidence analysis, the learned trial Judge passed the order of acquittal.