STATE OF KARNATAKA, BY PSI, POLICE WING CITY DIVISION, KARNATAKA LOKAYUKTHA, BANGALORE DIVISION Vs. D.K. LAKSHMANA GOWDA, INSTRUCTOR, GOVT. TOOL ROOM AND TRAINING CENTRE

JUDGEMENT

(1.) THIS is appeal is by the Lokayuktha -State calling in question the judgment of acquittal passed by the trial Court in respect of the offences punishable tinder Sections 7, 13(1)(d) r./w 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short).

(2.) THE case of the prosecution in short is that, the complainant M.K. Raviraj Rao (PW -5) had joined Government Tool Room and Training Centre ('GT and TC' for short) as a trainee in September, 1998 and he was in the 50th batch, The complainant passed his I year under semester system and next year, the semester system was abolished and it was annual examination, The complainant failed in one subject in the II year, but cleared it in the supplementary examination. Thereafter, the complainant successfully completed his III year in one attempt and the results were announced during November -December 2001. As he was declared 'pass' in the III year, he moved on to IV year to undergo 1 year in -plant training at ANICAD Systems and was required to submit monthly report to the GT and TC.

(3.) NOT willing to pert with the bribe amount, the complainant went and approached the Lokayuktha police and lodged his complaint at 2 p.m. on 08.08.2002. The investigation began in the form of preparing entrustment mahazar and this was followed by the complainant accompanied by the shadow witness PW -1 and both of them went to the house of the accused on 08.08.2002. It is the prosecution case that, the accused demanded and accepted Rs. 2,000/ - bribe amount from the complainant and after signal being given Lokayuktha police came and caught hold of the accused. The hand wash of the accused was collected which was found to be positive. After obtaining necessary sanction order, the charge sheet was submitted.