STATE OF KARNATAKA Vs. B K SRINIVASAMURTHY

JUDGEMENT

(1.) THIS appeal is by the Lokayukta Police, Tumkur, calling in question the judgment of acquittal passed by the trial Court in respect of the offence punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case in short is that, the respondent accused while working as a Typist in the office of the Block Development Officer, Chikkanayakanahalli and being entrusted with the work of preparing salary bills of the employees in the Government College Hostel, Chikkanayakanahalli, while working in that capacity, demanded Rs.600/- as bribe amount from the complainant K.N. Lakshmana in order to send the arrears of salary bill of the complainant. It is the specific case of the prosecution that, the accused demanded the amount on 6.9.93 and accepted the same on 7.9.93 at 3.15 p.m. Based on the complaint lodged by PW-1 Lakshmana, the Lokayukta police registered the case and got prepared the entrustment mahazar Ex.P2 and thereafter the complainant and the shadow witness PW-5 were sent to the office of the accused and finally the amount of Rs.600/-, which was kept in a cover in the almairah of the accused, was taken out and the trap was successful. Ex.P3 is the trap mahazar and on completion of the investigation, charge-sheet was submitted.

(3.) ANOTHER aspect taken note of by the trial Court was that, the accused was exonerated in the departmental enquiry and the statement made by the witnesses in the departmental enquiry was altogether different than what they deposed before the Court. The trial Court did not find the evidence of PW-10, the sanctioning authority very convincing in respect of the sanction order which was marked as Ex.Pll. Thus, the trial Court acquitted the accused after observing that the prosecution had failed to bring home the guilt of the accused beyond all reasonable doubt.