(1.) THIS appeal is by the accused who has been convicted by the learned Special Judge, D.K., Mangalore, in Spl.C.No.20/96 for the offences punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and being sentenced to undergo S.I. for a period of one year and to pay a fine of Rs. 1,000/ -, in default to undergo S.I. for one month,
(2.) THE case of the prosecution in short is that, fee complainant Valerian Fernandes (PW -3) approached the accused in connection with issuance of RTC and in order to effect the name of the complainant in the RTC, the accused, who at the relevant time was working as Village Accountant of Kolambe village said to have demanded Rs. 500/ - as illegal gratification and out of that, Rs. 200/ - was paid to him and the balance amount of Rs. 300/ - was demanded and accepted by the accused on 26.07.1994 at Kolambe village Panchayath office from the complainant. The complaint given by PW -3 led to the entrustment mahazar being conducted followed by the complainant accompanied by shadow witness PW -4, going to the office of the accused and the accused accepting the bribe amount and thereafter, the Lokayuktha police coming to the place and hand wash of the accused being collected which had turned the solution into pink colour and after 'completing the investigation, charge sheet was filed.
(3.) LEARNED trial Judge alter appreciating the evidence on record, accepted the case of the prosecution as presented through PWs 1 to 5. Conviction and sentence was the result of the said findings of the trial Court.