STATE Vs. L. M. LOKESH

JUDGEMENT

(1.) This appeal is by the State represented by CBI, being aggrieved by the order dtd. 30/4/2012 passed in Criminal Miscellaneous No.1889/2012 on the file of XXXII Additional City Civil and Sessions Judge and Special Judge for CBI cases, Bengaluru, CCH 34, by which an application filed under Sec. 340 of Cr.P.C has been rejected.

(2.) Case of the appellant is that one Srikant Sharma, Income Tax Officer, Ward No.1, Chikkamagaluru, faced the trial in Special CC No.330/2010 for the offences punishable under Sec. 7 and Sec. 13(2) r/w Sec. 13(1)(d) of the Prevention of Corruption Act, on the allegation of he demanding and accepting the illegal gratification of Rs.10,000.00 on 12/4/2010 from the complainant one L.M.Lokesh for showing official favour.

(3.) Charges were framed against said Srikanth Sharma and since he had denied, the matter was taken up for trial. It is alleged during the trial, a written complaint of complainant named L.M.Lokesh was marked as Exhibit P1, wherein he had specifically alleged regarding specific demand of bribe of Rs.10,000.00 made by said Srikant Sharma. However, during the trial, said L.M.Lokesh had denied that said Srikanth Sharma had demanded the bribe. As such, he was treated as a hostile witness. In the cross examination he had admitted to the contents of the complaint and the signature and also drawing of the entrustment mahazar.