N. P. NAGESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 374 (2) of Cr.P.C for setting aside the judgment of conviction and sentence dtd. 19/5/2011 passed by the Principal District and Sessions Judge, Mysore (herein after referred to as "Trial Court") in Spl.C.No.02/2007 for having found convicted the appellant and sentenced to undergo imprisonment for one year with fine of Rs.5000.00(Rupees Five Thousand only) and in default to undergo simple imprisonment for four months for the offence punishable under Sec. 7 of Prevention of Corruption Act (herein after referred to as ' PC Act ') and the imprisonment of three years with fine of Rs.20,000.00 (Rupees Twenty Thousand only), in default of payment of fine to undergo one year simple imprisonment for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of PC Act.

(2.) Heard the arguments of learned senior counsel for the appellant and learned special counsel Venkatesh Arbatti. The rank of the parties before the trial court is retained for convenience.

(3.) The case of prosecution is that PW1 Lokesh, son of Sambulingappa, filed the complaint to the Lokayuktha police, Mysuru, on 28/11/2005, alleging that his wife Rekha got a land in Sy.No.29 measuring 1.30 guntas at Kiralu village from her father by way of gift deed on 20/8/2005. The complainant wanted to change the khatha in her name and the accused himself approached the wife of the complainant and informed that he has received "J" form from the Sub Registrar office and asked him to come and get the khatha change in her name. Due to some work he was unable to go to the office of the accused. The accused being Village Accountant of Kiralu village the complainant approached the accused on 20/11/2005 and requested for change of khatha, for that the accused said to have taken Rs.1,000.00 as bribe. Since he is unemployed and not willing to pay the bribe, he lodged the complaint. After registering the FIR in Crime No.12/2005, the Lokayuktha police called two panch witnesses and prepared the endorsement under panchanama and informed that they smeared phenolphthalein powder on the currency notes and they informed that if the accused touches the tainted currency notes and sodium carbonate solution would turn into pink. After preparing the trap, the complainant and PW3 were sent to the office of the accused. Investigating officer also went along with the complainant. They stopped the vehicle and on enquiry, the accused was not in the office and the complainant came to know that the accused is in janata colony. Then the complainant and PW3 went to the said place. The accused asked about the money and the complainant paid the money, the accused received and later, kept in his shirt pocket. Immediately the police apprehended the accused. He was taken to the village panchayat office where the seizure panchanama was conducted and hands of the accused said to be washed in the sodium carbonate solution which turned into pink and the same was seized.