(1.) THIS appeal is directed against the judgment of conviction and sentence dated 13. 6. 2003 in Special case No. 7/1998 passed by the Principal Sessions Judge at Chitradurga.
(2.) THE appellant is the accused and the respondent is the complainant before the Sessions Court. In this judgment, for convenience, the parties are referred to their status before the Sessions Court.
(3.) THE accused was working as First Grade Revenue Inspector in the town Municipal Council, Chitradurga, in the month of February, 1998. The complainant - C. W. 1 submitted an application to the Town Municipal council for change of Khata of property bearing No. 1060 situated at II block of Chickpet, Chitradurga town in his name from the name of one narasinga Rao as per Ex. P. 7. The concerned Revenue Officer - P. W. 5 passed an order on 12. 2. 1998 directing the accused to inspect the spot, draw a mahazar, sketch and to submit a report. Thereafter CW1 approached the accused on 13. 2. 1998 requesting him to expedite the matter and at that time the accused demanded illegal gratification of Rs. 10,000/ -. After negotiations, the bribe amount was settled at Rs. 5,000/ -. Since C. W. 1 was not inclined to pay the bribe amount to the accused, he lodged a complaint with the Lokayuktha police on 17. 2. 1998 as per Ex. P. 1. The Lokayuktha police organised a trap. C. W. 1 and the shadow witness. P. W. 3 went to the office of the accused with tainted currency notes of Rs. 5,000/- and on enquiry about the progress relating to the drawing up of mahazar and submitting a report, the accused asked C. W. 1 whether he has brought the amount of Rs. 5,000/ -. When C. W1 answered positively, the accused took C. W. 1 to room No. 14 of Majestic Lodge situate adjacent to his office. Accordingly on the demand made by the accused, C. W. 1 paid tainted currency notes of Rs. 5,000/- to him. Immediately thereafter, on the signal given by C. W. 1, the Lokayuktha police entered room 14 of majestic lodge and found tainted currency notes of Rs. 300/- in the right pant pocket of the accused and the remaining amount of Rs. 4,700/- in a suitcase belonging to the accused. After investigation the Lokayuktha police filed chargesheet against the accused in special case No. 7 of 1998 for the offences punishable under Section 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act (for short PC Act ). Before the Sessions Court the prosecution examined 14 witnesses as PW1 and PW14 and got marked ex. P. 1 to Ex. P. 23 and M. O. 1 to M. O. 15. The Special Court framed the following three points for its consideration.