STATE Vs. C. NARAYANAPPA

JUDGEMENT

(1.) THE State represented by the Lokayukta Police, Kolar, has filed this appeal under Sections 378(1) and (3) of the Code of Criminal Procedure, challenging the order of acquittal in C.C. No. 8/2003 on the file of the Principal Sessions Judge, Kolar. For the sake of convenience, the parties are referred to as they are arrayed before the Trial Court.

(2.) THE accused faced trial for the offences punishable under Sections 7, 13(1)(d) of the Prevention of Corruption Act, 1988 read with Section 13(2) of the said Act. According to the prosecution, the accused was working as Health Inspector in the Town Municipality of Mulbagal Town of Kolar District, during November 2002. He had demanded and received bribe of Rs. 600/ - from M.S. Raju, PW3 to do the official favour in connection with the application filed for permission to effect repairs to his house at Mulbagal On 14.11.2002 the accused was trapped while receiving bribe of Rs. 600/ - from PW3 in the office of T.M.C. Mulbagal at about 2.15 p.m. It is also the case of the prosecution that four or five days prior to the trap, the accused demanded PW3 to pay a sum of Rs. 600/ - stating that out of Rs. 600/ -, Rs. 200 would be paid to the Chief Officer and the balance of Rs. 400/ - is for him. As PW3 was not interested in paying the bribe, he lodged complaint to the Inspector of Lokayukta, Kolar. After following the procedure, the accused was trapped by the Lokayukta Police at 2.15 p.m. on 14.11.2002 while he was accepting and receiving the bribe of Rs. 600/ - from PW3 in his office.

(3.) THE plea of the accused is one of total denial.