UMASHANKAR Vs. STATE

JUDGEMENT

(1.) The appellant being the accused in Spl.C.No.214/2007, on the file of the learned II Additional District & Sessions Judge, Tumkur, is impugning the judgment of conviction and order of sentence dtd. 30/10/2012, convicting the accused for the offence punishable under Ss. 7 and 13(1)(d) and 13(2) of Prevention of Corruption Act (for short ' PC Act ') and sentencing him to undergo rigorous imprisonment for a period of 1 year with fine of Rs.5,000.00 for the offence punishable under Sec. 7 of PC Act and to undergo rigorous imprisonment for 3 years with fine of Rs.5,000.00 for the offence punishable under Ss. 13(1)(d) and 13(2) of PC Act, with default sentences.

(2.) Brief facts of the case as per the prosecution are that, the accused who was working as First Division Assistant in the office of DDPI, Tumkur demanded and accepted the bribe amount of Rs.10,000.00 from PW1 to show the official favour. Thereby, he committed the offence punishable under Ss. 7 , 13(1)(d) and 13(2) of PC Act. The Trial Court took cognizance for the above said offences and summoned the accused. Accused has appeared before the Trial Court and pleaded not guilty and claimed to be tried. Prosecution has examined PWs.1 to 6, got marked Ex.P1 to P11 and MOs.1 to 12 in support of its contention. The accused has not led any evidence nor stepped into the witness box to depose regarding his defence. He got marked Ex.D1 to D4 - the portions of the statements of PW1 and the draft sanction order.

(3.) The Trial Court after taking into consideration all the materials on record came to the conclusion that the prosecution is successful in proving the guilt of the accused beyond reasonable doubt. Accordingly, passed the impugned order convicting the accused for the above said offences. Being aggrieved by the same, the accused is before this Court.