K. THIMMAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against a judgment convicting the appellant for offences punishable under Sec. 7 and Sec. 13 (1) (d) read with Sec. 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act', for brevity), whereby the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.10,000.00 for an offence punishable under Sec. 7 of the PC Act and to undergo simple imprisonment for a period of three years and to pay a fine of Rs.15,000.00 for an offence punishable under Sec. 13 (1) (d) read with Sec. 13 (2) of the PC Act.

(2.) It was the case of the prosecution that the complainant, one Najeeb Ahmed, had alleged that he was the lessee of a granite quarry and when he had approached the appellant in his capacity as the Deputy Director of the Department of Mines and Geology, seeking transport permits from time to time, in respect of the mined material, there was a demand for illegal gratification. Since the complainant no longer wished to meet any such illegal demand, it is alleged, that when on 6.9.2005 he had sought such a permit and when there was a demand for a sum of Rs.20,000.00 as a condition precedent to grant such a permit and which was to be paid on 13.9.2005, the complainant is said to have lodged a complaint with the Superintendent of Police, Lokayuktha, to take action against the appellant. And that it was pursuant to the same that the proceedings had been initiated against the appellant.

(3.) What order?"