S N RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the Judgment of conviction and Order of sentence dated 13.4.2010 in Special Case No.49/2007 passed by the Prl. Sessions and Special Judge, Hassan, whereby the appellant/accused is convicted for the offence punishable under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) and is sentenced to undergo R.I. for a period of one year and fine of Rs. 3,000/-.

(2.) The charge against the appellant/accused is that the accused being a public servant while working as a Lab Technician at Krishna Government Hospital, Vallabhai road, Hassan, on 17.12005 was found running a Clinical Laboratory in the name of style 'Malnad Clinical Laboratory', without valid permit and was also found in possession of disposable syringes, hand gloves, Malaria tablets, dettol liquid and cotton rolls, which were supplied to the Krishna Govt. Hospital and thereby abused his position and committed the offence punishable under Section 13(1)(c) r/w Section 13(2) of the P.C.Act. Since he was found in possession of disposable syringes, hand gloves, etc., which were entrusted to him, in his capacity as Lab Technician at Krishna Government Hospital and had misappropriated the same for his personal use, charges under Sections 168 and 420 of IPC were also framed against the accused.

(3.) The accused denied the charges and faced trial. In order to bring home the guilt of the accused, the prosecution examined 9 witnesses as PWs 1 to 9, relied on 28 documents marked as Exs.P1 to P28 and the material objects at MOs 1 to 20. The accused took up the defence of total denial and did not adduce any oral or documentary evidence on his behalf.