R MALINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two criminal appeals arise out of one and the same judgment of the Court below. A-l and A-2 were the accused who have preferred these appeals and they were convicted by the trial Court in respect of the offences punishable under Sections 7 and 13(i)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case in short is that, the accused viz., Malini, was working as Second Division Assistant in Taluk Office, Mysore, and A-1 Chikkarangaiah was working as Gram Sahayak in the same office and they were approached by the complainant Sabeeha Begum who was in need of minority community certificate. As she had made the application for issue of the said certificate to the Tahsildar, she approached the accused and as per the complaint, A-1 Chikkarangaiah is said to have demanded Rs.200/- from the complainant for issuance of the minority certificate. As A- 1 asked the complainant to bring the amount on 17.2.97, the complainant unwilling to pay the bribe amount of Rs.200/- to A-1, went and lodged her complaint with the Lokayukta police on the same day. As the case was registered on the basis of the complaint Ex. P1 and after conducting the entrustment mahazar as per Ex.P3, the complainant along with the shadow witness Sumangala Bai (PW-5) went to the office of the accused at about 2.20 p.m. It is the prosecution case that the trap was successful inasmuch as A-1 accepted the bribe amount of Rs.200/- on the direction of A-2. After the test conducted proved to be positive insofar as A-l is concerned, after obtaining the sanction order Ex.P12, the charge sheet was submitted.

(3.) CHALLENGING the conviction and sentence, the accused have approached this Court and Crl.A.No.366/07 is by A-2 and the other appeal Crl.A.No.366/07 (sic 327 of 2007) is by A-1.