STATE OF KARNATAKA Vs. S. JAYAKUMAR

JUDGEMENT

(1.) This appeal is by the State represented by Lokayukta Police, being aggrieved by the judgment and order dtd. 17/6/2013 passed in Special Case no.158/2009 on the file of the District and Sessions Judge at Chamarajanagar, by which the Trial Court had acquitted the respondent - accused for the offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ('Act', for brevity).

(2.) Brief facts of the case of the prosecution are that the complainant, P.W.1, namely, A.V.Channiyappan had apparently approached the respondent - accused, who was a Taluk Surveyor, then working in the Survey Department in the Office of the Tahsildar, Gundlupet, requesting him to have his land measuring 3 acres 28 guntas bearing Sy.No.23/2 situated at Managalli village, Gundlupete Taluk, surveyed and to have the encroachment by the neighbours removed enabling him to have the ingress and aggress and to carry his agricultural produce. That the accused went on postponing the same. Finally the accused had informed him that it was difficult to have the land surveyed as the neighbours would create galata and had instructed the complainant to seek police help.

(3.) That on 28/2/2008 complainant went to the office of the accused and requested him to furnish a survey sketch to which he demanded a sum of Rs.2,000.00, the complainant informed the accused that he would bring cash on the next day and would give it to him. That on the very same day evening, he went to Lokayukta office, Chamarajanagar, where Lokayukta Police Inspector - P.W.4 (C.W.18) was present, on complainant explaining the event that transpired between him and accused, P.W.4 - Police Inspector, asked him to come to office on the next day with the cash of Rs.2,000.00, that on confirmation of the demand for bribe made by the accused, on the following day on 29/2/2008 at about 7.15 a.m., the complainant went to the office of Lokayuktha police, Chamarajanagar, and lodged a written complaint through a person.