CHANDRASHEKHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.PC is filed challenging the impugned judgment and order dtd. 3/2/2021 passed by the learned Principal Sessions Judge/the Special Judge, Vijayapura in Special (Lok) Case No.08/2014, by which, the accused is convicted and sentenced to undergo SI for one year and to pay a fine of Rs.10,000.00, in default to undergo SI for three months for the offence punishable under Sec. 7 of the Prevention of Corruption Act, and further, he is sentenced to undergo SI for four years and to pay a fine of Rs.20,000.00, in default to undergo SI for six months for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(2.) The case of the prosecution is that, Halerolli village, in which, the complainant was residing, was submerged under Upper Krishna Project, and the Rehabilitation Officer, Rehabilitation Center, Almatti, issued a hakku patra in respect of the plot in the name of the complainant.

(3.) On 24/10/2013, when the complainant met the Manager of the Karnataka Vikas Grameen Bank for sanction of loan for construction of a house on the said plot, the Manager informed that, the loan will be sanctioned after charge of Rs.50,000.00 is created in the hakku patra. On 25/10/2013, when the complainant met the accused requesting him to enter the charge in the hakku patra, the accused demanded gratification amount of Rs.1,500.00 for the said work, and after negotiation, the gratification amount was reduced to Rs.1,000.00 . The complainant, who was not desirous of paying gratification amount, approached the Lokayukta police, and thereafter, the Lokayukta police registered the FIR, and conducted a trap. In the said trap, the appellant - accused was caught red handed while accepting the gratification amount of Rs.1,000.00 from the complainant.