N.NANJUND ASWAMY Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused/appellant who has stood convicted for the offences punishable under Sec. 7 and Sec. 13(1)(d) read with sec. 13(2) of Prevention of Corruption Act (' PC Act ' for short).

(2.) On the allegation that the accused demanded for a bribe of Rs.400.00 for issuing residential certificate to the sister of PW1 viz., J.Pushpalatha, a trap was laid on 15/6/2007 and tainted money of Rs.400.00 was recovered from the accused. This led to accused being prosecuted for the above offences.

(3.) The main witness, PW1 did not support the prosecution case. The trial court relying on the evidence given by PW2, 3 and 7 recorded conviction against the accused. The trial court is of the opinion that PW1 turned hostile intentionally. PW2 and 3 are the independent witnesses; they had no grudge against the accused; their evidence clearly discloses presence of PW1 in the Lokayuktha Police Station at the time of drawing entrustment panchanama and that he himself confirmed before them that accused did demand for bribe for issuing residential certificate to his sister. Thereafter the evidence of PW3, the shadow witness clearly discloses that PW1 met the accused and gave him Rs.400.00 when the latter asked the former for money. When the accused was subjected to phenolphthalein test, the solution turned into pink colour. Recovery of tainted money is proved by PW2, 3 and 7. In this view there are no reasons to discard the testimonies of these three witnesses and hence notwithstanding hostility of PW1, accused could be convicted.