STATE OF KARNATAKA Vs. CHANNA KRISHNA

JUDGEMENT

(1.) The appellant being a CBI (Anti Corruption Branch) filed this appeal being aggrieved by the judgment and order of acquittal dtd. 18/4/2011 in Spl.CC.No.165/2010 on the file of XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, wherein the respondents have been acquitted for the offence punishable under Sec. 120 (B) of Indian Penal Code (for short 'IPC') and also under Ss. 7, 13(1)(d) and 13(2) of Prevention of Corruption Act (for short 'P.C Act') r/w 120(B) of IPC.

(2.) The rank of the parties, henceforth will be referred as per their rankings in the Trial Court for convenience.

(3.) It is the case of the prosecution that the accused No.1 was working as Assistant Sub-Inspector, Railway Protection Force (RPF), Maddur Outpost. He stated to have registered RPUP Crime No.1/2010 on 15/1/2010 against Chand Pasha who was doing business of old paper and scrap items. It is further stated that the shop of PW.5 / the complainant herein was situated adjacent to the shop of Chand Pasha. PW.5 was told that he would also be arraigned as accused in the same crime number. Being afraid of the said information, he approached accused No.2 who was the informer of the accused No.1. Both PWs.5 and accused No.2 said to have approached accused No.1 and it is said that the accused No.1 had demanded illegal gratification of Rs.50,000.00 to set him free in Crime No.1 of 2010. The amount has been scaled down to a sum of Rs.30,000.00. PW.2 having not interested in making payment of illegal gratification, approached CBIrespondent and lodged a complaint. A plan of trap has made, accordingly, PW.5 had been instructed to approach accused No.2. PW.5 approached accused No.2 and handed over Rs.30,000.00 to him as illegal gratification.