KASHINATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal is by accused No.1 against judgment and order of conviction dtd. 23/9/2013 passed in Special (KLA)C.C.No.4/2012 by the III Additional District and Sessions and Special Judge, Dharwad, "(the Special Judge" for short) whereby convicted for the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption of Act, 1988 (PC Act) and sentenced to undergo imprisonment as under: Default Offences Punishment Fine sentence Sec. 7 of rigorous Simple P.C.Act. imprisonment Rs.2,500.00 imprisonment for of one year two months. Sec. rigorous Simple 13(1)(d) r/w imprisonment imprisonment for Rs.2,500.00 13(2) of of one year two months. P.C.Act.

(2.) Brief facts of the case are as under: A complaint came to be lodged by Sri Amit Hiremath son of Shivabasayya Hiremath with Lokayukta Police on 21/4/2011. The same is registered by Lokayukta Police in Crime No.5/2011 for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of PC Act.

(3.) In the complaint, the following averments are found. The complainant was selected as Accountant in the year 2010 in the Municipal Administrative Department and he had sought for the appointment under IIIB category and he had to furnish Caste Certificate that is the complainant belongs to IIIB category to the Municipal Administration Department in the prescribed From No.1 in February 2011. He had also annexed the transfer certificate issued by the School Authority of his father along with the application to establish that the complainant belongs to IIIB category. In that regard, he had visited the Social Welfare Department and met Sri Kashinath Sajjan who was working as a Second Division Assistant. On enquiry, Sri Kashinath Sajjan told that he would forward the application on the same day, provided, he is looked after well (RK PqPUvz) payment of illegal gratification).