K.K.SUBBAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant appointed as amicus curiae and the learned counsel for the respondent.

(2.) This appeal is filed against the judgment of conviction passed in Special Case No.3/2004 convicting the appellant/accused No.2 for the offences punishable under Ss. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act (' PC Act ' for short) sentencing the appellant for a period of one year with fine of Rs.2,000.00 for the offence punishable under Sec. 7 of the PC Act and also imprisonment for two years with fine of Rs.3,000.00 for the offence punishable under Ss. 13(1)(d) read with 13(2) of the PC Act .

(3.) The factual matrix of the case of the prosecution before the Trial Court against accused Nos.1 and 2 is that both of them are working as Secretary and President, respectively in Haradoor Grama Panchayat, Somwarpet Taluk, Kodagu District. While discharging their duties, on 8/11/2001, with a common intention they demanded illegal gratification of Rs.500.00 from P.W.1/Sri G.Vijaya to give licence to start liquor shop at Hosatota within the limits of Haradoor Village Panchayat and asked P.W.1 to pay the said amount on 9/11/2001. In pursuance of the said demand, raid was conducted on 13/11/2001 at 12.20 p.m. and the accused had received illegal gratification of Rs.500.00 in their office. Hence, both of them have committed the offence under Sec. 7 of the PC Act. The charges against both of them is that with a common intention both of them have abused their position as such public servant in discharging their duties and accused No.2 accepted the illegal gratification and both of them committed the offence under Ss. 13(1)(d) read with 13(2) of the PC Act .