THIPPESH NAIKA Vs. STATE

JUDGEMENT

(1.) The appellant - accused has assailed the judgment of his conviction and order of sentence dtd. 6/7/2013 passed in Special Case No.33/2010 by the Sessions/Special Judge, Udupi District, Udupi, by preferring this appeal.

(2.) The facts leading to the case of the appellant are as under:

(3.) It is the case of the prosecution that, PW.9 the Police Inspector collected two official panchas by name Sharaththaraj and Ramesh, examined as PW.3 and PW.7 and in the office of the lokayukta, he introduced the complainant to the said panchas and informed about the filing of the complaint filed by PW.1. Both these panchas agreed to act as panchas. The complainant handed over Rs.1000.00 currency note, containing of Rs.500.00 denomination and this police inspector after verifying the same, noted the currency notes numbers as stated in Ex.P12. The said currency notes were smeared with phenolphthalein powder on both the sides and were kept in the pocket of the complainant. The pre-trap procedure was conducted by preparing sodium carbonate solution and fingers of both the hands of PW.9 were dipped into the said solution which turned into pink color. The said solution was seized by pouring the said in the bottle. PW.9 handed over a voice recorder to the complainant to record the conversation of the voice of complainant and accused, when the demand is to be made by the accused. So also to give signal after accepting the bribe amount by the accused. Ex.P5 the entrustment panchanama was prepared in the office of lokayukta and thereafter all of them along with trap laying party went to the office of the accused on the same day itself at 1.35 p.m. PW.9 and his staff along with another pancha stood outside waiting for the signal. Complainant and shadow witness (Sharathraj) went inside the office of the accused and enquired about the work so sought by him to the accused. As the accused demanded the bribe amount, he gave the said amount to the accused, recorded voice of the accused and himself. Gave signal to PW.9 and immediately the trap laying party appeared in the office of the accused and it was complainant informed about receipt of money by the accused on demand. The said amount was collected from the accused and post-trap procedure was conducted. Both the hands of the accused were washed in the 'sodium carbonate' solution which turned into pink color. When enquired, accused admitted about receipt of the said bribe amount and of keeping the same beneath the files, in the cupboard. The said amount was seized. The panchanama was prepared at the spot itself. The voice conversation tape recorders were also seized along with attendance register, statement of the accused. At the spot Ex.P6 as stated above, (pachanama) was prepared signed by the panchas. Accused was apprehended and arrested and was subsequently produced before the Court. Thereafter, he was enlarged on bail.