LAWS(KAR)-1994-3-8

R S KALAKAPUR Vs. STATE OF KARNATAKA

Decided On March 30, 1994
R.S.KALAKAPUR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this appeal, the appellant is challenging the judgment dated 21-11-1989 passed by the Sessions Judge, Karawar, Uttara Kannada, in S.C. No. 3/ 1989, convicting him for an offence under S. 7 of the Prevention of Corruption Act, 1988, and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for a period of three months.

(2.) The appellant is a public servant and was working as a school teacher in the Industrial Training Institute (Women), Kasbaga, Belgaum. He was appointed as a Supervisor and Examiner to conduct annual practical examination of the students of electrical branch, Industrial Training Institute of Nandangadda, Karawar. It is the allegation of the prosecution that the appellant being a public servant, demanded money in cash on 22-7-1988 and 25-7-1988 and accepted the same on 26-7-1988 from the students who were about to appear for practical examination of which the appellant was in charge, for showing official favour of promoting them and awarding higher marks to them in the said examination. The learned Sessions Judge, framed a charge on the accused for an offence under S.7 of the Prevention of Corruption Act, 1988, and after trial, convicted and sentenced him as aforesaid. It is this conviction and sentence that is challenged in this appeal.

(3.) Sri N. B. Bhat, learned counsel for the appellant-accused, contended that the trial conducted by the learned Sessions Judge is vitiated as the appellant has been convicted and sentenced for an offence which was created by the statute long after the alleged date of offence. In other words, the penal provision of law under which the appellant was convicted was not in force on the date of' the alleged offence.