STATE Vs. GIRISH VASANT KULKARNI

JUDGEMENT

(1.) Heard the learned counsel for appellant.

(2.) The appellant is the State by the Lokayuktha Police. The appeal is preferred against the acquittal of the accused against whom there were allegations of offences punishable under sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C. Act' for short).

(3.) On 07.09.2005 at about 11 a.m. one Huchhappa Yallappa Kundaragi had made a written complaint alleging that the present respondent was working as Second Divisional Assistant and that in order to pass his salary bill for 8 months he had demanded a bribe amount of Rs.2,000/-, and finally had agreed to receive Rs.1,800/-, of which Rs.1,000/- was paid to the respondent and since there was a demand to pay the balance amount of Rs.800/-, which the complainant was not inclined to pay, the complaint was lodged. It is on that basis that further proceedings were taken and the respondent was chargesheeted and charges having been framed and the trial having been conducted, the Court below had acquitted the accused on two grounds. Firstly, that the complainant had turned hostile and did not support the case of the prosecution. Secondly, that insofar as the sanction for prosecution was concerned, the court below had found that there was no application of mind by the concerned authority, and therefore, on these two grounds the trial Court has opined that the prosecution had failed to establish its case beyond all reasonable doubt and has acquitted the accused. It is that which is under challenge in the present appeal.