SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused feeling aggrieved by judgment on the file of IV Additional District and Sessions Judge (PCA) Belgaum, in Special Case No.164/2011, dtd. 30/11/2013 preferred this appeal.

(2.) Parities to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that property bearing No.89 of Santi-Bastwad was standing in the name of father of complainant CW-12 Peeraji Gundu Desurkar and as per decree of Prl.Senior Civil Judge and JMFC in OS No.50/2006 was ordered to be mutated in the name of complainant Nagendra Desurkar. Accused was working as secretary in Gram Panchayat Santi-Bastwad village. On 3/7/2009 at 3.30 P.M complainant approached accused for mutating his name to the said property. Accused being public servant demanded illegal gratification of Rs.2,000.00. On 24/7/2009 in between 12.25 PM to 1.30 PM the accused at his office in Santi-Bastwad village demanded and accepted illegal gratification of Rs.2,000.00 other than legal remuneration for discharging his official duty for mutating the name of complainant. It is further alleged that accused by abusing his position as public servant in order to discharge his duty obtained pecuniary advantage to the tune of Rs.2,000.00 for himself and thereby committed criminal misconduct. On these allegations, the Investigating Officer after completion of investigation filed the charge sheet.