STATE OF KARNATAKA Vs. ANAND GURURAO DESHPANDE

JUDGEMENT

(1.) Appeal is by the State through Police Inspector, Bureau of Investigation, Lokayuktha, Bijapur, against the Judgment of Acquittal in a Special Case No. 3/2000 dated 5-12-2002 on the file of Special Judge at Bijapur.

(2.) Respondent-accused was charge sheeted by the Lokayuktha Police for the offences punishable under Sections 7,13 (1)(d) read with 13(2) of the Prevention of Corruption Act, 1988('Act' for short.)

(3.) Case of the prosecution is that accused was working as in charge Deputy Electrical Inspector, Karnataka Electricity Board, Sub-Division Office, situated at Sangolli Rayanna Colony, Bijapur. On 1-6-1999, PW 1-Complainant-License Contractor approached the accused to make a local inspection and for issue of completion report regarding installation of electric poles and T.C. in the newly formed layout belonging to one A.H. Peerzade in Sy.No.338/B of Navabagh, Bijapur. To make the local inspection and to issue the completion certificate, accused had demanded Rs.4,000/- and in this regard he had received Rs.1,000/- as advance. On 3-6-1999 and 8-6-1999, when the complainant had again approached for the said work accused insisted for payment of Rs.3,000/-. In this regard, PW-1 filed a complaint before the Lokayuktha police. Lokayuktha police registering the case, took up the investigation and arranged for trap. Accordingly, PW-1 went along with PW-3 to the office of the accused and tender the money demanded by the accused. Accused on receipt, PW-1 gave a signal to the Lokayuktha police, who went and trapped the accused by conducting the test. PW-4 is another panch witness, who is examined by the prosecution in support of its case.