N. SURESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 25/7/2012 passed by the 48th Addl.City Civil and Sessions Judge and Special Judge for CBI cases (CCH-49), Bengaluru in Spl.CC No.78/2012 convicting the appellant for the offences punishable under Ss. 7, 13 (1) (d) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him as under:

(2.) The factual matrix of the prosecution case, as per the written report (Ex.P1) presented by PW.4 Ghanashyam P.Kalal before the Superintendent of Police, CBI, Bengaluru on 23/10/2005 is that, he is the resident of Nehru Nagar, Gadag Road, Hubballi. His father was working as a Mechanic at Hubballi Railways and he died on 10/3/2013 when he was in service. Therefore, to get compassionate appointment, complainant submitted an application on 2/8/2005. He was directed to appear for medical examination at Railway Hospital, Hubballi. According to him, on 8/10/2005, he went to the Hospital. As the doctor was not available, again on 11/10/2005, he went to the hospital and met Dr.Renuka S.Kuchinad (PW.2). Several medical tests were conducted by the said doctor. He was also directed to get his eye tested from a private Ophthalmologist. Accordingly, on 14/10/2005, he got tested his eyes and brought the certificate and met PW.2 Dr.Renuka. Thereafter, PW.2 asked the complainant PW.4 to meet the accused who was also a doctor. Therefore, he met accused and on testing, it was noticed by the accused that, the complainant's heart beat is more and asked him to meet him on the next day. Therefore, on 17th and 18th, complainant met the accused but, he did not conduct medical test and asked him to come on the following day. It is alleged, that on 19/10/2005, when the complainant met the accused, accused demanded Rs.5,000.00 as bribe to issue the medical fitness certificate. The complainant expressed his inability as he is not having financial capacity to pay. But, even then it is alleged that accused told him that, unless he pays Rs.5,000.00 as bribe amount, he would not issue the medical certificate and gave a threat stating, that if the amount is not paid, he will issue adverse report and thereby the complainant would not get the employment. Being scared of the said threat, he is ready to give Rs.500.00 and the accused asked the complainant to pay that to his wife as amount advance and asked him to pay the balance of Rs.4,500.00. Accused said, after payment of the balance amount, he would issue the certificate. He gave his mobile number on a chit and after payment of the balance amount, he asked the complainant to call him on telephone. It is stated that, as told by the accused, he went to the wife of the accused and handed over Rs.500.00 to her. After coming out of the house, the complainant realized that, he is committing mistake and he is not supposed to pay any bribe amount. Therefore, on 22/10/2005, he called S.P.CBI, Bengaluru and requested him to register a crime against the accused and take necessary action against him.

(3.) PW.6 R.Purushotham, PW.7 M.Raja, as instructed by their Superior Officers went to Hubballi and by contacting the complainant, they asked him to come to the BSNL Guest House. Accordingly, on 22/10/2005, they went to Hubballi and stayed in BSNL Guest House, Hubballi. At 10.30 a.m. on 23/10/2005, complainant approached the Inspector of the CBI. CBI Inspector introduced the panchas by name M.N.Diwakar and B.G.Madabi. The complainant gave a typed complaint. Thereafter, IO prepared the pre-trap panchanama in the presence of the witnesses i.e. PW.1 and 2 who were introduced to the trap party members before whom the complainant narrated his grievance as mentioned in the FIR. This PW.5 produced the currency notes before the trap laying officer (TLO) and the denomination numbers of the said currency notes were written. A demonstration relating to the reaction of phenolphthalein power with 'sodium carbonate' solution was made and the sample chemical liquid was collected in bottles and were labeled and sealed. The said currency notes were smeared with phenolphthalein powder and it was kept in the shirt pocket of complainant PW.4. It was instructed to him that, the tainted money on demand has to be paid to the accused. Thereafter, he was taken to his house and the CBI Officers made the complainant to call the accused from the landline of his house and during that process, they had also got connected the tape recorder so as to record the conversation between the complainant and the accused.