BASAPPA B TALAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.2 challenging the Judgment dated 09.11.2006 passed in Special Case No.26/1997 on the file of Special Judge, Belgaum convicting the appellant for the offence under Section 8 of the Prevention of Corruption Act and sentencing him to undergo RI for one year and to pay fine of Rs.500/-, in default to pay the fine, to undergo SI for three months.

(2.) The appellant was prosecuted along with one Hanamanthanaik Bhimanaik Patil who is a village accountant of Yakkundi village of Belgaum District on the allegation that the appellant being a person working as an Agent in the office of accused No.1, on 26.06.1996, when he was in the office of accused No.1, picked up a sum of Rs.500/- which was kept by PW.1 as a gratification to accused No.1 and thereafter kept the same in his pocket, thereby, the appellant is also charge sheeted along with accused No.1 under the provisions of Prevention of Corruption Act. While accused No.1 being a Public Servant was charged for the offences under Section 7, 13(1)(d) r/w Sec 13(2) of the Prevention of Corruption Act, this appellant was charged for an offence under Section 8 of the said Act.

(3.) During the trial, the prosecution in order to prove the case has examined in all six witnesses and got marked the documents Exs.P.1 to 13 and produced MOs.1 to 5. The defence of the accused was one of total denial and accused No.1 got marked Ex.D1, being a portion of statement of PW.5