Criminal Appeal No. 1578 of 2011. Case: M.R. Purushotham Vs State of Karnataka. Supreme Court
|Case Number:||Criminal Appeal No. 1578 of 2011|
|Party Name:||M.R. Purushotham Vs State of Karnataka|
|Judges:||Madan B. Lokur and C. Nagappan, JJ.|
|Issue:||Prevention of Corruption Act, 1988 - Sections 7, 13(1), 13(2)|
|Judgement Date:||September 24, 2014|
C. Nagappan, J.
This appeal is directed against the judgment dated 4.1.2011 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1130 of 2007 reversing the judgment of acquittal dated 8.12.2006 in Special Case No. 36 of 2001 passed by the Principal Special Judge, Mandya. The High Court in the impugned judgment found the Appellant/accused not guilty of the offence Under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred as "the Act") but guilty of offences Under Section 13(1)(d) read with Section 13(2) of the Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs. 5000/-, in default to undergo simple imprisonment for a period of three months.
The case of the prosecution in brief is as follows: The Appellant/accused was working as Second Division Surveyor in the office of Assistant Director of Land Records, Nagamangala and on 18.2.2000 he demanded an illegal gratification of Rs. 500/- from PW1 Ramesh for issuance of survey sketch pertaining to Survey No. 255 of Hullenahalli village and it is further alleged that though the accused had surveyed the land on the application of the complainant he was postponing issuance of survey sketch, to force PW1 Ramesh to pay bribe. PW1 Ramesh lodged Exh.P1 complaint on 18.2.2000 with Lokayukta Police on which a case came to be registered in Crime No. 1/2000 on the file of Mandya Lokayukta Police Station for the alleged offences Under Sections 7, 13(1)(d) read with Section 13(2) of the Act. A trap was organized and PW2 Sridhar and PW3 Kumaraswamy, Government servants, were directed to be present as panch witnesses. PW1 Ramesh produced a sum of Rs. 500/- i.e. five currency notes of Rs. 100/- each and the numbers of the said currency notes were recorded in the presence of panch witnesses and the currency notes got smeared with phenolphthalein powder. The complainant Ramesh took the powder smeared notes and went along with PW3 Kumaraswamy to the house of the Appellant/accused. PW2 Sridhar and PW4 Inspector Santosh Kumar stood outside the said house. The accused was watching T.V. inside the room and on seeing them, he asked PW1 Ramesh as to whether he has brought what he had asked and PW1 Ramesh answered yes and gave the currency notes of Rs. 500/- and accused took them by his right hand and kept the same on his table and directed PW1 Ramesh to come on Monday for obtaining copy of the Re-Survey. They came out and PW1...
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