R. SRINIVASAN AND ORS. Vs. STATE

JUDGEMENT

(1.) The present appeal is filed under Section 374, Cr.P.C. challenging the judgment and convictionand passed against them by the XIII Additional City Civil and Sessions Judge cum Special Judge, Bengaluru City, in CCH.24 in Spl.Case No.87/06. They have faced a trial for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, (hereinafter referred to as the Act, for brevity) along with Section 34, I.P.C.

(2.) After concluding investigation, charge sheet came to be registered as Special C.C.133/03. The 1st appellant is sentenced to undergo RI for a period of two years and to pay a fine of Rs.20,000/- for the offence punishable under Section 7 of the Act and to undergo RI for a period of 2 years and 6 months and to pay a fine of Rs.25,000/- for the offence punishable under Section 13(2) of the Act. The 2nd accused (2nd appellant) is also directed to undergo similar imprisonment as imposed on the 1st accused-1st appellant. The judgment of conviction and sentence dated 11.6.2015 is called in question in this appeal on various grounds as set out in the appeal memo.

(3.) Charges came to be framed against both the appellant on 12.4.2012 by the special court. The gist of the allegations, as per the charges, is that both of them demanded PW-3,Bheemaiah, husband of Smt.K.P.Poovamma (CW-4), owner of Shakti Bar and Restaurant Bangalore, to pay Rs.30,000/- as bribe for not levying pro-rata charges relating to the water connection of the restaurant. It is alleged that both the accused demanded Rs.30,000/- from Bheemaiah as bribe to show official favour and the 2nd accused received Rs.30,000/- at 1.30 p.m. on 19.3.2002 and later on the 1st accused received the said amount of Rs.30,000/- from the 2nd accused at 2.35 p.m in the office. It is alleged that the 2nd accused received the amount of Rs.30,000/- from Bheemaiah on the instructions of the 1st accused. It is alleged that the 1st accused received the tainted amount from the 2nd accused in his office at No.C-2 Sub-division of BWSSB, High Grounds, Bengaluru.