SRINIVASA N.V Vs. STATE BY POLICE INSPECTOR

JUDGEMENT

(1.) The appellants are accused Nos.1 and 2 before the Trial Court in Special Case No.28/2009, and were convicted for the offence punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, wherein, the accused No.1 was sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs.2,000/- with regard to the charge of accepting a sum of Rs.200/- on 9.5.2008 and further demanding a sum of Rs.500/- on that day. In default to pay the fine amount of Rs.2,000/-, he shall undergo further imprisonment for a period of two weeks. A1 and A2 are sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.4000/- each for the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and in default to pay the fine amount of Rs.4,000/- by accused Nos.1 and 2, the accused shall undergo imprisonment for four weeks.

(2.) The brief facts of the case on hand are that: A person by name Sri Zerom Barboja (complainant), lodged a report as per Ex.P-38 stating that he intended to obtain an Electric Contractor's licence on 9.5.2008. Therefore, he made an application along with other documents and also along with receipt for having paid fee of Rs.410/- to the District Treasury and handed over the same to accused No.1 Srinivasa N.V. It is alleged that Accused No.1 Srinivasa demanded a sum of Rs.500/- on that day but complainant has paid an amount of Rs.200/-. Then, Accused No.1 demanded the remaining amount, but the complainant was not having that much amount on that day. Therefore, he told that, he would pay the remaining amount on some other day by saying so, he went back. After four days, he again went to the office of the Accused No.1, he met Accused No.2, who was present. He told that, his application has to be sent to the Chief Electrical Inspector, Bengaluru and the same is kept ready. For the purpose of sending the same, the complainant has to pay an amount of Rs.500/- to him and another Rs.500/- to Mr.Srinivasa. Then the complainant told that he has already paid Rs.200/- and he also accepted to pay another amount of Rs.200/- to Accused No.2. But, ultimately, Accused No.2 told him that he has to pay atleast Rs.400/- each to A1 and A2. The complainant told that he would come on the coming Saturday or Monday to pay the said amount, by saying so, he came back. It is also stated that the said conversation between the accused and the complainant had been recorded by his sister's son and also photographs are taken. He produced the same before the Lokayuktha Police while lodging the complaint and also paid an amount of Rs.800/- to the Lokayuktha Police as he was not willing to pay bribe to the accused persons to get his work done.

(3.) On the basis of the above complaint, case has been registered in FIR No.3/2008 by the respondent - Police for the offence punishable under Sections 7, 13(1)(d) read with 13(2) of the PC Act. After receipt of the complainant, a trap was laid. The Investigating Officer has secured two panch witnesses and recorded the entrustment mahazar smearing phenolphthalein powder to the said Rs.800/- currency notes and also by explaining that, what would be the consequence if any person touches the currency notes and if his hands are washed in Sodium carbonate solution for the confirmation that the said amount was received by that persons. He has also given instructions to the panch witnesses and the complainant to go to the office of the accused and to pay the alleged bribe amount if demanded by the accused persons and thereafter to give the pre- instructed signal to the Lokayuktha Police so that they can go to the office of the accused persons and trap them.