JUDGEMENT
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(1.)Convicted accused in Spl.Case No.32/2011 has preferred this appeal challenging the validity of the
judgment of conviction and order of sentence dtd.
28/4/2016 on the file of Prl. District and Sessions Judge, Bagalkot.
(2.)Brief facts of the case are as under: One Yallappa Bheemappa Gaddi attempted to
thieve the electricity connection by use of a hook to the
electric wire on the pole installed in front of the house
of Kaladagi village. Appellant/accused being the
Sec. Officer of HESCOM, Kaladagi, conducted a raid
and told the complainant that he would file a criminal
case against him. At that juncture, complainant
requested the accused not to file case against him. At
that juncture, accused said to have demanded
Rs.5000.00 as illegal gratification for not taking further
action. Since there was a bargain for the illegal
gratification, bribe amount was settled at Rs.3500.00.
The conversation was recorded in the mobile telephone
of the complainant and since complainant was not
interested in parting away with the illegal gratification,
he lodged a complaint with the Lokayuktha Police.
(3.)On receipt of the said complaint, the case came to be registered in Cr.No.2/2011 of Lokayuktha
Police, Bagalkot for the offences punishable under
Sec. under Ss. 7, 13 (1) (d) r/w Sec. 13 (2)
of Prevention of Corruption Act on 18/2/2011.
Thereafter, the Inspector of Lokayuktha convinced
about the genuineness of the complaint averments, he
arranged two independent government servants to act
as pancha for the intended trap and took Rs.3500.00-
from the custody of the complainant comprising of 7
notes of 500/- rupees denomination and smeared the
phenolphthalein Powder on those notes after noting the
serial numbers of the said notes on a paper.
Thereafter, the notes were given to the hands of copancha to count the same. On such counting of the
notes, the hand wash of the co-pancha was taken in a
colour-less sodium carbonate solution which turned
into pink colour and thereby the Inspector, Lokayuktha
demonstrated the colour test to the panchas as well as
the complainant. Thereafter, the complainant was
instructed to visit the office of the accused, hand over
the tainted currency to the hands of accused on
demand and shadow witness was directed to be
present with the complainant, when the complainant
hands over the tainted currency on demand made by
the accused. All these aspects were reduced into
writing in the form of entrustment mahazar.
Thereafter, the raid party proceeded to the office of the
accused around 6.30 p.m. The complainant and
shadow witness as per the directions of the
Investigating Officer went inside the office of the
accused and handed over the tainted currency to the
accused on demand and gave a pre-designated signal
by showing right thumb up. Immediately, the rest of
the raid party members came inside the office and
enquired the accused about the tainted currency. The
Investigating Agency was able to recover Rs.3500.00-
from the custody of the accused which was kept in
right side pocket of the pant worn by him. Colour test
stood positive, accused was given a chance to explain
as to why he handled the tainted currency for which
accused replied vide Ex.P.5. The explanation given is
shown that it was towards the arrears of the electricity
charges. Thereafter, he was arrested and tainted
currency was seized and trap mahazar was recorded.
Further, the accused was produced before the Special
Court and he was sent to judicial custody.
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