STATE OF KARNATAKA, BY LOKAYUKTA POLICE Vs. N. RAMASINGH, S/O G SHYAM SINGH, SECOND DIVISION ASSISTANT, NADAKACHERI, TEKAL, MALUR TALUK, KOLAR DISTRICT

JUDGEMENT

(1.) THIS criminal appeal is by the State Lokayukta calling in question the judgment of acquittal passed by the trial court in favour of the respondent in respect of the offences 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 Second Division Assistant, in the Nadakacheri, Malur Taluk, demanded from the complainant a sum of Rs. 300/ - in order to issue certificate to the complainant and the complainant unwilling to pay the amount, approached the Lokayukta police by lodging his complaint as per Ex.P3. Thereafter, the entrustment mahazar was drawn as per Ex.P4 and it is the case of the prosecution that the accused was trapped for accepting the bribe amount on 24.4.2001 at 3.00 p.m. Trap mahazar was also drawn as per Ex.P6 and after getting the sanction order Ex.P12, charge sheet was filed.

(3.) 1 have heard the learned counsel Sri. S.G. Rajendra Reddy for the appellant -State and Sri. R.B. Deshpande for the respondent -accused and perused the records of this case. Though learned counsel for the State argued that the trial court was not justified in acquitting the accused merely because the complainant had turned hostile when the shadow witness had supported the prosecution case and in this regard he took me through the evidence on record and sought for judgment being set aside. Pointing to the evidence of the shadow witness, it is argued that the testimony of the shadow witness has established accused accepting the bribe amount from the complainant and the hand wash also turning the chemical solution into pink colour, as such the conviction be set aside.