LAXMAN, MOTHER SAYABAVVA CHORAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Appeal is filed by the accused, since dead represented by his wife, against the judgment of conviction dated 25th February 2010 passed in Special Case (Lok) No.2/2008 by the Special Judge, Bijapur, by which the accused was convicted for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act' for brevity).

(2.) BRIEFLY stated the case of the prosecution is, on 27.8.2007 while working as an Office Superintendent in the office of the BEO, the appellant/accused demanded and accepted bribe of Rs.1,000/ - from the complainant/PW -1 for regularizing the absence of complainant's younger brother, who was working as a Teacher in Higher Primary School, Ainapur LT, into Earned Leave and for sanctioning of the leave so also two increments and half pay salary due in respect of five months of suspension period.

(3.) ON receipt of the complaint, the Police Inspector, Lokayuktha registered the case, procured two official witnesses, conducted entrustment mahazar in his office. During the said mahazar, the complainant produced currency notes of Rs.1,000/ -. Same were applied with phenolphthalein powder and handed over to the complainant with suitable instructions to pay the amount if the accused demands. The panch -1/shadow witness was given direction to follow the complainant and to hear the conversation between the complainant and the accused and also to carefully observe as to where the tainted money will be kept by the accused after receiving the same from the complainant. Accordingly, the complainant and the raid party went to the spot. The complainant handed over the tainted money to the accused and the accused received the same by right hand and kept in the pocket of his shirt. On receiving predetermined signal, the Investigating Officer, the second panch witness and the Lokayuktha Staff went inside the office and the tainted money was recovered from the possession of the accused. The trap mahazar was drawn.