R. MANTHRA MURTHY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is filed under Sec. 374 (2) of the Code of Criminal Procedure, challenging the judgment of conviction dated 29.09.1999 and sentence dated 30.09.1999, passed against the appellant by the XXI Additional City Civil and Sessions Judge cum Special Judge for C.B.I. cases, Bengaluru City, in CCH.4 in Spl. CC. No. 78/1996. The appellant has faced a trial for the offences punishable under Ss. 7, 13(2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988, (hereinafter referred to as the Act, for brevity). By the impugned judgment of conviction, the accused -appellant has been convicted for the offences punishable under Section -7 and 13 (2) read with 13 (1) (d) of the Act and sentenced to undergo simple imprisonment for one year and to pay fine of Rs. 1000/ - for the offence punishable under Section -7 of the Act and to undergo S.I. for one year and to pay fine of Rs. 1000/ - for the offence punishable under Section - 13 (2) read with 13 (1) (d) of the Act. It is ordered that the sentences have been ordered to run concurrently.

(2.) The case of the prosecution leading to filing of the case against the accused -appellant is as follows:

(3.) To bring home the guilt of the accused, prosecution has examined in all 7 witnesses and got marked 23 exhibits and 04 material objects. The case of the accused is one of total denial of the allegations made against him and that he had no capacity to do any official favour to the complainant and therefore, the question of demanding bribe or receiving the bribe does not arise. No evidence is adduced on their behalf. However, he has been examined under Sec. 313, Cr.P.C. He has emphatically denied the existence of any possibility to do any official favour to the complainant and the alleged demand and receipt of the tainted amount.