THE STATE Vs. MOHAN SATHU MALAGI

JUDGEMENT

(1.) The judgment and order of acquittal dated 18th February 2013 passed by the IV Additional District and Sessions Judge and Special Judge (PCA), Belgaum, in Spl. Case No. 66/2011 is challenged in this appeal.

(2.) The case of the prosecution is that P.W.3 lodged a complaint as per Ex. P.6 before the Dy. Superintendent of Police, Lokayukta Police, Belgaum, alleging that in the year 2008 -09, he got admission for the BBA course in the Government First Grade College at Gokak. As the said course was very tough for him, he failed and because of that reason, he wanted to change his course to BA. degree and when he went to give the application in that regard to the Principal of the College viz., M.S. Malagi, Principal told him that to cancel the BBA course he has to pay Rs. 300 and to admit to BA. I Class, he has to pay Rs. 2,700/ -. The complainant verified about the fee in other government colleges and he came to know that for B.A. I Class, the amount was Rs. 794/ - and again the complainant went to the Principal of the said college M.S. Malagi and told that he is poor and requested that some how he may be accommodated to study in the said college. Then the principal again said that whatever the amount he has stated was the amount and he cannot reduce it even to a single pie. As the complainant was not interested to pay the bribe amount over and above the fees, he is giving the complaint and requested to take appropriate legal action against the said principal. He also told that the conversation between himself and the principal was recorded by him in the cassette. The said complaint was lodged on 24.06.2009. On the basis of the said complaint, Lokayukta police registered a case in Belgaum Police Station Crime No. 8/2009 for the alleged offence under Ss. 7 and 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and issued the FIR as per Ex. P.38.

(3.) After conducting and completing the investigation, charge -sheet was filed for the said offences.