ANANDA PAI, S/O. NARAYANA PAI PROPRIETOR, RAGHAVENDRA RICE MILL Vs. STATE OF KARNATAKA, REPT. BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THE Appellant is before this Court following the trial court convicting him for the offence punishable under Section 12 of the Prevention of Corruption Act. 1988 and being sentenced to undergo simple imprisonment for one year and to pay Rs. 5,000/ - fine with default sentence of one month.

(2.) THE case of the prosecution, in short, is that, a complaint had been lodged by one Michael D Souza alleging that the accused was resorting to illegal stone quarrying in the land situated at Koudur Village, Karkala Taluk. In connection with the said complaint, the accused is said to have approached complainant Shontharam Chiplunkar, who was the Tahasildar of Karkala at the relevant time. It is the case of the prosecution that the accused tried to bribe the complainant by offering him Rs. 1,000/ - in order to see that no adverse report is made against the accused. On 6.2.2001, when the complainant was in his office on duty, at around 4.00 or 4.30 p.m., the accused went to the chambers of the complainant and offered him Rs. 1,000/ - bribe to give a favourable report and the complainant refused to take the said amount and threatened to lodge a complaint and thereafter; the complaint is said to have been lodged by P.W.9 Tahasildar with the police as per Ex.P -12. Thereafter, investigation was taken up leading to conducting the mahazar as per Ex.P -9 and, en completion of the investigation, charge sheet was filed.

(3.) THE learned trial judge, after appreciating the evidence on record, took the view that the prosecution had proved its case beyond all reasonable doubt and the evidence of P.W.9 complainant was found to have been corroborated by the evidence of P. Ws.1 and 2. Therefore, conviction and sentence followed.