STATE OF KARNATAKA, BY LOKAYUKTHA POLICE Vs. B.K. SRINIVASAMURHTY, S/O KARIYANNA

JUDGEMENT

(1.) THIS appeal is by the Lokayukta police, Tumkur, calling in question the judgment of acquittal passed by the trial court in respect of the offence punishable under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case in short is that, the Respondent accused while working as a Typist in the office of the Block Development Officer, Chikkanayakanahalli and being entrusted with the work of preparing salary bills of the employees in the Government College Hostel, Chikkanayakanahalli, while working in that capacity, demanded Rs. 600/ -as bribe amount from the complainant K.N. Lakshmana in order to send the arrears of salary bill of the complainant. It is the specific case of the prosecution that, the accused demanded the amount on 6.9.93 and accepted the same on 7.9.93 at 3.15 p.m. Based on the complaint lodged by PW -1 Lakshmana, the Lokayukta police registered the case and got prepared the entrustment mahazar Ex.P2 and thereafter the complainant and the shadow witness PW -5 were sent to the office of the accused and finally the amount of Rs. 600/ -, which was kept in a cover in the almirah of the accused, was taken out and the trap was successful. Ex.P3 is the trap mahazar and on completion of the investigation, charge sheet was submitted.

(3.) LEARNED trial judge, after appreciating the evidence on record, took the view that the prosecution held not brought home the guilt of the accused beyond all reasonable doubt because the shadow witness PW -5 did not support the prosecution case and the evidence of PW -1 was also found not very reliable one.