CHANDRA LALANKE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment of conviction and order of sentence dated 4.8.2009, passed by the learned Principal Session Judge and Special Judge, Chickmagalur, whereby, the petitioner was convicted for the offence punishable under S.7 of the Prevention of Corruption Act, 1988 (for short ''the Act'') and sentenced to undergo S.I. for six months and pay fine of Rs.1,000/-, in default of payment of fine, to under go S.I. for further period of one month and further convicted under S.13(2) of the Act and sentenced to undergo S.I. for a period of one year and pay fine of Rs.1,000/-, in default, to undergo S.I. for further period of one month, with the stipulation, both the sentences would be concurrent.

(2.) MATERIAL facts of the case are: The appellant-accused on the relevant date was working as a Second Division Assistant at Taluk Office, N.R.Pura, Chickmagalur. He was case worker in the food section. According to the complainant/ A.Ravishankar/PW-2, he required a ration card to get a domestic gas connection and had submitted an application to the Tahsildar. Ration card was not furnished on the ground that, printed format of the card was not available. When enquired in the office, he was informed that the application with photos was missing and was called upon submit fresh application with photos. He submitted an application which was received by one Kadappa, who was the in-charge of food section. Kadappa informed the applicant/PW-2, that very soon he is going to retire and the card may be obtained from Lalanke, the appellant herein. According to PW-2, Kadappa handed over the application to the accused in his presence. 8 to 10 days later, PW-2 approached the accused, who informed him, that the ration card is not in stock and hence, he has to come 4 days later. When PW-2 approached the accused 4 days thereafter, at that time also, he was informed that, photos of the applicant is not traced and he has to furnish fresh photos and by that time, he will go over to Tarikere, bring the ration card format and issue the same. On 14.6.2006, when PW-2 met the accused at 10.50 a.m., he informed that, his application is now traced and card is also brought from Tarikere, but, he has to pay Rs.500/- for issue of the ration card. On bargaining, accused indicated that the card will be issued, if, Rs.300/- is paid to him. PW-2 being unhappy for the reason that many people who had submitted applications subsequent to him had been issued with the ration cards, having no intention to make payment of the amount demanded, lodged a complaint (Ex.P10) with the Lok Ayuktha Police, on 15.6.2006, at 9.00 a.m. Lok Ayuktha Police registered a case in Crime No.7 of 2006, for the offences punishable under Ss.7, 13(1)(d) r/w S.13(2) of the Act and submitted F.I.R (Ex.P11) to the Court. Lok Ayuktha Police decided to trap Chandralalanke. Inspector concerned sought assistance of two panch witnesses, who were made to understand the case. Thereafter, complainant produced the currency notes and necessary instructions were given to the complainant and to the witnesses and the preliminary part of the panchnama (Ex.P1) was drawn and signatures of the panchas was taken and thereafter, the complainant, the panchas and the members of the raiding party proceeded to the Taluk Office, N.R.Pura. As per the arrangement for trap, currency notes were treated with phenolphthalein powder and upon delivery of these tainted notes to Chandralalanke, his fingers would get smeared with the powder. Thereafter, on washing the powdered fingers with the Sodium Carbonate solution, the resultant wash would turn pink, indicating thereby, the physical receipt of the tainted currency by Chandralanke. As per the arrangement, two independent persons were to accompany A. Ravishankar, to witness the transaction of delivery of tainted currency notes to Chandralalanke. The two independent witnesses in the case are N. Chandrashekaraiah (PW-1) and B.G.Jayadevappa (PW-4). As per the plan chalked out by the Lok Ayuktha Police, A. Ravishankar went to the Taluk Office to hand over the illegal gratification to Chandralalanke and after a brief conversation with Chandralalanke, he handed over the said currency notes to him. Thereafter, A. Ravishankar, gave pre-determined signal to the trap party, who reached Chandralalanke and washed his hands with Sodium Carbonate solution, which turned pink and this confirmed his physical receipt of the tainted currency notes from A. Ravishankar. The Investigation officer carried out further investigation, recorded the panchnama, statements, obtained CE report, requisite sanction for prosecution and laid the charge sheet before the Special Judge.

(3.) EVIDENCE of PW-3/Raffiq Ahamed, Deputy Thasildar, who at the relevant point of time was working as Sheristedar, Dr.V. Chandrashekar/PW-5, Deputy Secretary to Government of Karnataka, Revenue Department, who at the relevant point of time was Deputy Commissioner, Chickmagalur District, the sanctioning authority in the case and Kum. Jaya.H/DW-1, the Thasildar, N.R.Pura Taluk, depicts that, as on 15.6.2006, the accused was working as a Second Division Assistant at the Taluk Office, N.R.Pura. Sanction order/Ex.P12 was issued by PW-5. The same would depict that the appellant was a public servant on the date he was trapped by the Lok Ayuktha Police.