MUNIYELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the appellant/accused No.1 being aggrieved by the judgment of conviction and the order of sentence dtd. 7/4/2011 passed in Special Case No.81/2007 by the Court of the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, by which accused No.1/appellant herein has been convicted and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of 5,000/-, and in default of payment of fine, to undergo further imprisonment for 3 months for the offences punishable under Sec. 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, while accused No.2 has been acquitted of the offences charged.

(2.) The case of the prosecution is, accused No.1/appellant herein was working as a First Division Assistant, while accused No.2 was working as a Computer Operator in the Office of Block Education Officer ('BEO' for short), Hosakote, Bengaluru Rural District, Bengaluru. The complainant one Arun Kumar was a Government School Teacher, who was transferred from Chikkaballapur Town to a school in Hosakote Taluk. He had approached the Office of the BEO, Hosakote on 14/6/2006 seeking issuance of a movement order enabling him to report to the duty at the school where he was transferred. It is in this connection, he had met accused No.1 and 2. Accused No.1 had demanded 500/-, while accused No.2 had demanded 100/- on 14/6/2006. This led to the complaint being filed by the complainant resulting in laying of trap. Accused No.1 and accused No.2 were caught while receiving 500/- and 100/- respectively at the Office of the BEO on 19/6/2006. After the investigation, charge sheet has been filed, charges have been framed.

(3.) Since the accused persons denied the charges, trial was conducted. The prosecution has examined five witnesses namely Arun Kumar the complainant as PW1, Kumara Swamy the shadow witness as PW2, Ramarathna Kumar who had filed the charge sheet after obtaining the sanction order from the concerned authority as PW3, Gangappa Gowda the Director of Public Instruction who had accorded sanction to prosecute the accused as PW4, one Muhammed Zafar who had conducted the investigation as PW5; 20 documents have been marked as Exs.P1 to P20 and 15 material objects as MO1 to MO15. 5 documents have been marked on behalf of the accused in the course of examination of the witnesses.