B.V.RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the convicted accused is directed against the judgment of conviction and order of sentence passed in special case No.126/2009 dtd. 23/7/2011 by the District and Special Judge at Chamarajanagara wherein, the appellant/accused was convicted for the alleged offence punishable under Ss. 7 and 13(1)d r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and directed to undergo imprisonment for a period of 4 years and also to pay a fine of Rs.25,000.00 in default, he shall suffer further simple imprisonment for a period of 5 months.

(2.) The factual matrix of the prosecution case are that:-

(3.) It is the further case of the prosecution that on 28/11/2007 at about 5.15 p.m., in Taluk Panchayat Office at Yelandur, PW.2 i.e., the complainant and PW.3, who is the eye-witness (shadow witness) went to the chamber of the accused/appellant to meet him and at that time, the accused/appellant demanded the bribe amount of Rs.4,500.00 and received the alleged amount from PW.2-the complainant in presence of PW.3 and the accused was trapped and money was recovered from his table drawer. As such, the Investigation Officer arrested the accused, the recovery mahazar has been drawn and the tainted money was recovered at the instance of the accused and thereafter, the accused was produced before the Special Court and thereby, remanded to judicial custody. The Investigation Officer, after completion of the investigation, laid the charge sheet against the accused for the alleged offence punishable under Ss. 7 and 13(1) d r/w Sec. 13(2) of the Act. Before the Special Court, the Special Judge framed the charge against the accused for the aforesaid offences and read over the same to the accused. However, the accused denied the charges levelled against him and claims to be tried.