MOHAMMED ISMAIL MULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for appellant and learned Special Public Prosecutor.

(2.) The appeal is by the accused against whom there were allegations of offences punishable under Sections 7 and 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ' the P.C. Act', for brevity). It was alleged by the complainant that his son was bitten by a dog and he was admitted to Vijaya Institute of Medical Sciences Hospital, Bellary for treatment. When he was being treated, it transpires that he had scratched the complainant, his wife and one Adilakshmi, and therefore, the complainant, his wife and the other were advised to be injected with an Anti Rabies vaccine, known as Rabipur. Since the hospital did not have any stock of the said injection, the complainant purchased the medicine elsewhere and had sought for medical reimbursement, as he was an employee of the Health and Family Welfare Department, Bellary. The medical bills were sent for sanction to the Health Department and the bills were to be countersigned by the present appellant, who was a Gazetted Assistant working in the department. When the bills were forwarded to the appellant, it is alleged that he demanded Rs.200/- as illegal gratification to affix his counter signature.

(3.) The trial Court held the same in the affirmative and convicted the appellant and sentenced him to rigorous imprisonment for six months and to pay a fine of Rs.1,000/- for the offence punishable under Section 7 of the P.C. Act and to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/- for the offence punishable under Section 13(1)(d) of the P.C. Act. It is that which is under challenge in the present appeal.