SHANTHAPPA B BIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused is the appellant challenging the order dated 12.04.2010 passed in S.C.No.95/2007 by the IV Addl. District and Sessions Judge, Belgaum. The Lokayuktha police registered a case against the appellant under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 ("the Act" for short).

(2.) The accused being a public servant working as Block Education Officer at Kagawad, it is alleged that he demanded and received bribe amount of Rs.2,000/- on 10.04.2007 at 3.35 p.m. in his office at Kagawad. The complainant is also working as Second Division Assistant in Jai Jinendra Kannada Medium High School Ugar Budrak, Athani Taluk. When he had approached the accused for renewal of registration certificate of the above said High School, a demand was made by the accused for Rs.2,000/-. By making such demand, the accused committed an offence under the provisions of the Act as referred above.

(3.) On the basis of the complaint, the Lokayuktha Police at Belgaum formed a trap team consisting of the complainant-P.W.1 and shadow witness-P.W.2 and P.W.3-panch of the trap. The complainant has been examined as P.W.1. The prosecution has examined its case by examining P.Ws.1 to 7 and marked documents as per Exs.P.1 to P.27 and material objects have been marked as M.O.1 to M.O.10. On the other hand, the accused has not examined any person on his behalf and no documents have been marked. On completion of the trial, the Court below convicted the accused under Section 235(2) of the Code of Criminal Procedure, of the offence punishable under Sections 7 of the Prevention of Corruption Act, 1988 and the accused was acquitted under Section 235(1) of the Code of Criminal Procedure, of the offence punishable under Section 13 (1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.