R.NAGARAJU Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction dtd. 22/6/2013 and the order of sentence dtd. 24/6/2013 passed in Spl.C. No. 105/2010 by the III Additional Sessions and Special Judge, Mysuru. The appellant - accused has been convicted for offence under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act (hereinafter referred to as Rs. the Act'). The appellant - accused is sentenced to undergo rigorous imprisonment for a period of 1 year and to pay fine of Rs.5,000.00 for offence under Sec. 7 of the Act and further sentenced to undergo rigorous imprisonment for a period of 2 years and to pay fine of Rs.5,000.00 for offence under Sec. 13(2) of the Act. The trial Court has ordered both the sentences to run concurrently.

(2.) Factual matrix of the prosecution case is as under:

(3.) The trial Court framed charge for offence under Sec. 7 and Sec. 13(1)(d) and 13(2) of the Act. In order to prove the charge, the prosecution examined P.W.1 to P.W.10 and got marked Ex.P.1 to Ex.P.29 and M.O.1 to M.O.11. Statement of the appellant - accused came to be recorded under Sec. 313 of Cr.P.C. The appellant - accused got himself examined as one of the defence witnesses, i.e., D.W.1 and also got examined one witness as D.W.2 and got marked Ex.D.6 to Ex.D.16. Ex.D.1 to Ex.D.5 came to be marked in the cross-examination of prosecution witnesses. The trial Court after hearing arguments formulated points for consideration and after appreciating the evidence on record convicted the appellant - accused for the offence as noted supra and also passed order on sentence as noted supra. The said judgment of conviction and order of sentence has been challenged in this appeal.