DR. RAJASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 22/3/2013 passed by Principal Sessions (Special) Judge, Bellary in Spl.Case No.22/2010 wherein, the accused was convicted for the offence punishable under Ss. 7 r/w 13(2) and 13(1)(d) r/w 13(2) of Prevention of Corruption, Act, 1988 (for short hereinafter referred to as 'PC Act, 1988).

(2.) The appellant was the accused before trial court. He will be referred as such, in this appeal for convenience.

(3.) Brief case of the prosecution is that the appellant/accused was working as Medical Officer in Primary Health Centre, at Tambrahalli in Bellary district. Sri. V.N.Joshi - complainant was working as Health Instructor under the accused in the Primary Health Centre. He was posted to Sidaginamola Primary Health Centre, at Bellary Taluk on O.O.D. It is further alleged that complainant has passed SSLC examination in Kannada language and on account of Government policy, an additional increment was sanctioned to the complainant. The accused was the drawing officer of complainant and for the purpose of preparing bills regarding payment of arrears of salary in view of complainant's eligibility for an increment from 1972. It is the further case of the prosecution that the accused/appellant informed the complainant over phone that on preparing the arrears of his salary, a cheque for Rs.1,83,020.00 was received from the Government. To handover the said cheque to the complainant, the accused demanded bribe of Rs.15,000.00. In this regard, the Lokayukta police after receipt of complaint dtd. 23/7/2008 lodged by PW.1/complainant, laid the trap. They first went to the hospital wherein accused asked PWs.1 and 2 to come to his house. Thereafter, PW.1/complainant along with the shadow witness - PW.2 went to the house of accused. The appellant received the alleged bribe amount and kept in his pant pocket. The complainant gave a signal to Lokayukta police, then they came inside house and caught hold the accused, recovered the alleged bribe amount from the possession of accused. The pant pocket of accused was washed in sodium carbonate solution and the same turned to pink color. After completing investigation, the investigating officer has filed charge sheet against the accused for the offences stated above.