JNANOBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.PC is filed challenging the judgment of conviction and order of sentence dtd. 5/7/2016 passed by the learned Principal Sessions Judge, Kalaburagi, by which, the accused herein was convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (for short 'PC Act') and sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs.20,000.00 for the offence punishable under Sec. 7 of the PC Act and to undergo imprisonment for a period of two years and to pay a fine of Rs.5,000.00 for the offence under Sec. 13(1)(d) punishable under Sec. 13(2) of the PC Act.

(2.) The case of the prosecution in brief is as follows: The accused when working as Principal in the Government P.U. College at Nelogi, had demanded a sum of Rs.5,000.00 to continue PW1 as guest lecturer. Since the complainant was not desirous of paying the gratification amount, he lodged the FIR with the Lokayukta Police. The Lokayukta police registered the FIR in Crime No.10/2009 under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the PC Act.

(3.) The Lokayukta Police prepared a pre-trap (entrustment mahazar). Thereafter, the Lokayukta conducted a trap, and the appellant was found to have received a sum of Rs.3,000.00 as gratification amount from PW1 in the presence of shadow witness - PW2, who was the witness to the trap panchanama, and seized the tainted money. The learned Sessions Judge framed the charge against the accused for the aforesaid offences, and the same was read over and explained to the accused, to which, he pleaded not guilty and claimed to be tried.