P. GAEGAIAH Vs. STATE BY POLICE INSPECTOR

JUDGEMENT

(1.) JUDGMENT 1. This criminal appeal is by the accused, who has been convicted for the offences punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ('the Act; for short) and sentenced to undergo R.I. for two years and to pay a fine of Rs. 5,000/ - in respect of conviction under Section 7 and for four years R.I. and to pay a fine of Rs. 20,000/ - in respect of conviction for the offence punishable under Section 13(1)(d) read with 13(2) and default sentences for non -payment of fine.

(2.) THE case of the prosecution, in short, is that, complainant Margaret Shekhar had purchased a site measuring 15 x 50 ft. from one Lakshmaiah in Subbayanapalya, Banasawadi, Bangalore, during 1999 and she approached the Bangalore City Corporation office in October 2001 with an application for change of khatha in her name. The appellant, at the relevant time, was working as the Tax Collector of the office of the Revenue Officer, Bharathinagara B.B.M.P., and the accused demanded and accepted Rs. 5,000/ - from the complainant in order to show official favour of getting the khatha in the name of the complainant.

(3.) FOLLOWING the appellant being charged with the aforementioned offences and the appellant pleading not guilty, the prosecution, in order to establish the charge, examined five witnesses out of whom P.W. 1 is the shadow witness, P.W. 2 is the complainant, P.W. 3 is the Junior Engineer, P.W. 4 is the sanctioning authority and P.W. 5 is the I.O. who completed the investigation leading to filing of the charge sheet.