LAWS(KAR)-2023-7-75

WAHEEDULLA KHAN Vs. STATE OF KARNATAKA

Decided On July 11, 2023
WAHEEDULLA KHAN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.PC is filed challenging the impugned judgment and order dtd. 17/11/2015 passed by the learned II Addl. District and Sessions Judge, Raichur in Special Case No.05/2011, by which, the accused has been convicted for the offences punishable under Ss. 7 and 13(a)(d) read with Sec. 13(1)(2) of the Prevention of Corruption Act, 1988, and he has been sentenced to undergo RI for a period of two years, and pay a fine of Rs.15,000.00, and in default of payment of fine to undergo RI for further period of three months for the offence punishable under Sec. 7 of the Act, and further to undergo RI for a period of two years and to pay a fine of Rs.15,000.00, and in default of payment of fine further to undergo RI for further period of five months for the offence punishable under Sec. 13(1)(d) of the Prevention of Corruption Act,1988.

(2.) The case of the prosecution is that, the complainant was the successful bidder, entrusted with contract, and arrears of Rs.1,19,745.00 was due to him towards work carried out by him. The accused, who was working as Chief Accountant in the Taluk Panchayat, demanded gratification of Rs.15,000.00 for clearing the bill, and after negotiation, the same was reduced to Rs.10,000.00, and the accused asked the complainant to deposit the gratification amount into the bank account No.62007299818. The complainant who was not desirous of paying the gratification amount, approached the Lokayuktha. The Lokayuktha, in turn, sent a constable to verify the genuineness of the account, and upon enquiry from the State Bank of Hyderabad, the constable was informed that, the account belongs to one Jaheeda Begum. Thereafter, the complainant once again telephoned to the mobile phone of the accused, and the accused told the complainant to deposit the said amount to the account number already furnished, and the said conversation was recorded.

(3.) The entrustment panchanama was prepared, and a trap was laid. In the said trap, the accused was found receiving the voucher from the complainant for having deposited a sum of Rs.10,000.00 into the account of Jaheeda Begum Ahmed Sharif.