G D MARISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant Mariswamy assailing the judgment of conviction and sentence passed in Special Case. No. 23/93, dated 21-7-1998 by the learned Spe-2004 Cri. L. J. /225 IX cialjudge, D. K. Mangalore, for the offence under Section 7 read with Section 13 of the prevention of Corruption Act, 1988 sentencing him to undergo R. I. for a period of 3 years and also to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further R. I. for a period of 3 months has come up with this appeal.

(2.) THE case of the prosecution in brief is as follows: the accused was working as Accounts assistant in the office of the Karnataka SC/st Development Corporation at Mangalore. It is the case of the prosecution that the complainant P. W. 1, Dinkar had applied for a loan with Canara Bank and that an amount of Rs. 46,000/- was sanctioned less the amount of subsidy that was to be granted by the Karnataka SC/st Development Corporation, Mangalore. For claiming the subsidy P. W. 1, Dinkar submitted an application as per Ext. P. 1 dated 25-9-1992 and produced the caste certificate, estimation from Sri Rama Auto Works Ext. P. 6, Invoice ext. P. 7 as well as Ration Card Ext. P. 8. In that connection, he approached the accused mariswamy to send the intimation to the bank regarding subsidy. When he approached the accused on 2 or 3 occasions, the accused demanded illegal gratification of Rs. 500/- for sending the subsidy amount to the Bank and that he last approached the accused on 27-2-1993, who in turn told that if the amount is not paid, the same would lapse by the end of 31st March 1993 and that he has to wait for another 3 months. As he was not willing to pay the illegal gratification of Rs. 500/-, he approached the lokayuktha Police and his statement was recorded as per Ext. P. 9.

(3.) THE Lokayuktha Police secured two panch witnesses viz. , Raghavendra Rao and praveen Kumar (P. W. 2 ). The complainant produced 5 notes of Rs. 100/- denomination each. In the presence of panch witnesses, phenolphthalein powder was applied on the notes and it was given to the hands of raghavendra Rao to keep it in the left side pocket of the complainant and that an experiment was demonstrated to that effect by preparing an entrustment mahazar, Ext. P. 10 on 19-3-1993 in between 12. 15 p. m. and 1. 15 p. m. The panch witnesses and the raiding party proceeded to the office of the karnataka SC/st Development Corporation located in the Deputy Commissioner's Office. On enquiry, they were informed that the accused has gone outside. Therefore, they returned to the Lokayuktha office. The currency notes which were in the shirt pocket was removed and kept in a cover and a mahazar Ext. P. 11 was prepared. The investigating Officer instructed the witnesses to come on 23-3-1993. On 23-3-1993, a mahazar was prepared in the office of the Lokayuktha as per Ext. P. 12. The notes were removed from the cover and kept in the left side pocket of P. W. 1 by raghavendra Rao and they proceeded to the office of the accused. On 23-3-1993, the complainant and the witnesses approached the accused. When P. W. 1 wanted to give the bribe amount, the accused told him that he has no time and asked him to come after 2 or 3 days. As the trap did not materialise, they returned to the Lokayuktha office and a mahazar was prepared as per Ext. P. 13. Again on 26-3-1993 that a mahazar was prepared at the office of the Lokayuktha as per ext. P. 14. The notes which were in the cover was put in the left side shirt pocket instructing him to give it to the accused only on demand and then, they proceeded to the office of the Karnataka SC/st Development corporation. The Complainant, P. W. 2, praveen Kumar and the Investigating Officer were keeping a watch. At about 10. 30 a. m. while the accused was entering the office, p. W. 1, Dinkar went and met him and handed over the quotation and also the bribe amount of Rs. 500/ -. P. W. 1 gave the pre-instructed signal. The Investigating Officer immediately rushed, took the accused inside the office, prepared the Sodium Carbonate solution and dipped the fingers of both the hands of the accused in the solution which turned into pink colour. The pant pocket was also washed which turned into pink colour. The Investigating Officer collected the relevant records and that a trap mahazar Ext. P. 15 was prepared in between 11. 15 a. m. to 2. 30 p. m. The Investigating officer forwarded the material objects to the fsl for chemical examination and after completion of the investigation, filed charge sheet against the accused for the offence under Section 7 read with section 13 (1) (d)of the Prevention of Corruption Act, 1988.