B.N. SWAMY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant accused being aggrieved by the order of conviction and sentence dated 6.12.2010 passed by the Principal Sessions Judge and Special Judge, Mysore, in Spl.Case No.71/2007 on the grounds mentioned at ground Nos.7 to 19 of the appeal memorandum.

(2.) The case of the prosecution in brief is that the Lokayuktha police filed charge-sheet against the accused for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short the "Act"). The accused was working as FDA in Mysuru Urban Development Authority, Mysuru on 15.9.2006. When the complainant N. Krishna approached him for issue of sale deed, the accused demanded Rs.1,000/- from the complainant as gratification other than legal remuneration as motive for showing official favour. Pursuant to the said demand, the accused accepted the sum of Rs.1,000/- from the complainant on 16.9.2006 as illegal gratification and he being the public servant has misused his official position and by corrupt or illegal means, obtained pecuniary advantage to an extent of Rs.1,000/- for himself from the complainant. Hence, case was registered and then, the entrustment and trap mahazars were conducted and after completing the investigation, charge-sheet was filed.

(3.) To prove its case, the prosecution has examined P.Ws.1 to 5 and produced the documents at Exs.P.1 to P.11 and M.Os.1 to 9. After considering the merits of the case, ultimately, the Special Court convicted the accused for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. Being aggrieved by the judgment and order of conviction passed by the trial court, the appellant has preferred the present appeal before this Court.