FAIROJ AHAMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the State.

(2.) The factual matrix of the case is that on 14/5/2008, on receipt of the credible information that this revision petitioner/accused had indulged in distributing the amount on behalf of the BJP party to the voters, the raid was conducted on the same day at 1.30 p.m. and this petitioner was apprehended and an amount of Rs.11,200.00 was seized from the conscious possession of this revision petitioner and mahazar was drawn and the case was registered for the offence punishable under Sec. 171E of IPC and the matter was investigated and charge-sheet has been filed.

(3.) The prosecution in order to substantiate its case examined PW1 to PW6 and also got marked Ex.P1 to P5 and MO1 to MO3 i.e., cash, ballet paper of BJP party and voters' list. The revision petitioner/accused also examined one witness as DW1 and marked the document at Ex.D1 i.e., Raghavendra Beedi works letter. The Trial Court after considering both the oral and documentary evidence, convicted the revision petitioner for the offence punishable under Sec. 171E of IPC for a period of one year with a fine of Rs.5,000.00 in default, the accused shall undergo simple imprisonment for a period of one month. Being aggrieved by the said order, the revision petitioner preferred an appeal in Crl.A. No. 153/2011. The Appellate Court also reconsidered the material available on record and came to the conclusion that the prosecution has proved the case against the revision petitioner and there are no grounds to set aside the judgment of conviction and sentence passed by the Trial Court and confirmed the same.