UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Convicted accused in Special C.C.No.186/2009 by judgment dtd. 11/7/2022 on the file of Special Judge, Belagavi has preferred this appeal.

(2.) Brief facts of the case are as under: Upon the complaint lodged by one Sharifsab Pakrusab Nadaf, Lokayukta police registered a case in Crime No.16/2008 for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. Gist of the complaint averment reveals that, accused was working as a Junior Training Officer in the Government ITI College, Saundatti. Sister's son of the complainant by name Maktumsab was studying in second year ITI in Government ITI College, Saundatti and final examination was scheduled to commence in 21/7/2008. Sri Maktumsab had paid necessary fee to be paid to the Government for attending the examination and accused received Rs.5,500.00 from each of the student in the said class in order to see that the student would pass through the examination effortlessly. Accordingly, accused also demanded Rs.5,000.00 from Maktumsab, which was not interested to be paid by the complainant however he paid only Rs.1,000.00 and sought time for remitting the balance amount and thereafter the accused insisted for balance amount.

(3.) On 13/7/2008, the complainant along with Maktumsab approached the accused and sought for time and also requested him that Maktumsab is a poor person and therefore, sufficient time needs to be given. However, the request made by the complainant and the Maktumsab was turned down by the accused and he conversation between the accused and the complainant was recorded in a mobile phone and since they are not interested to part away the illegal gratification, they approached the Lokayukta Police on 16/7/2008 and lodged the complainant.