CHIGAHALLI BASAVARAJ RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Sec. 374(2) of Cr.PC is filed assailing the judgment and order of conviction and sentence passed by the Court of the District and Sessions Judge, Belagavi in Special Case No.39/2010 dtd. 21/11/2013, wherein the appellant herein has been convicted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'PC Act') and has been sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Sec. 7 of the PC Act and undergo rigorous imprisonment for a period of 3 1/2 year for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the PC Act and he is also sentenced to pay fine of Rs.10,000.00 each for the aforesaid offences.

(2.) Heard the learned counsel for the parties.

(3.) It is the case of the prosecution that the appellant herein who is a Licenced Surveyor, had demanded a sum of Rs.2,600.00 as illegal gratification from the complainant (PW2) for the purpose of surveying his land bearing Sy.Nos.56/2 and 58/2 measuring 12 acres situated at Jakkur village, Bagalkot. According to the prosecution, PW2 had approached the appellant on 24/2/2007 with a request to survey his land and a demand was made for payment of Rs.2,600.00 as illegal gratification and since the complainant-PW2 did not intend to pay the bribe amount, he had lodged a complaint before the Lokayukta Police, Bagalkot on 20/4/2007, based on which, FIR in Crime No.4/2007 was registered against the appellant.