TAJ PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appeal is directed against the Judgment dated 08.09.2010 passed by the learned Principal Sessions Judge and Special Judge in Spl.C.No.18/2007 wherein accused Taj Pasha, Assistant Engineer, V.V.Mohalla, KPTCL office, was found guilty of the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo (a) imprisonment for one year and to pay fine of Rs.1,000/-. In default to pay fine amount to undergo simple imprisonment for two months for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C.Act' for short). (b) Further he is sentenced to undergo imprisonment for a period of three years and to pay fine of Rs.5,000/- for the offence punishable under Section 13(2) of P.C. Act, In default to pay fine amount, to undergo simple imprisonment for two months. Both the sentences shall run concurrently.

(2.) The proceedings started because of the complaint filed by one P.R.Sunil Kumar, 31 years, S/o Ramachandra residing at No.107/A, 7th Main road, Vinayaka Nagara, Mysuru, who is said to be the Electrical Contractor against accused- Taj Pasha, Assistant Engineer, V.V. Mohalla, K.P.T.C.L Office Mysore, wherein the complainant states that he holds a licence bearing No.22900 Class II to do electrical contract work. He runs his Office in the name and style of 'Prabhu Electricals', No.622, Gaddige Main road, Bogadi, Mysuru. He was given contract to carry out electrical work relating to separate electricity connection to City Cable Network Limited situated at temple road and for which he prepared necessary papers.

(3.) On 14.10.2005 he deposited Rs.50/- towards ARF under receipt No.001083 and he met Mr.Taj Pasha, Assistant Engineer, K.P.T.C.L Office, V.V. Mohalla, Sub-Division on 17.10.2005 who demanded Rs.5,000/- as bribe for getting work done and complainant stated that he was not in a position to pay the said amount of Rs.5,000/-. Mr. Taj Pasha asked him to give Rs.3,000/- on 18.10.2005 and Rs.2,000/- at the time of service. Complainant states that as he was not interested to pay any bribe amount, he lodged a complaint with Lokayukta Police and seeks action on the said official.