IMPORTANT POINTS
(1) Illegal gratification – Just because money changed hands, it cannot be ipso facto presumed that same was pursuant to demand.
(2) Penal law has to be strictly construed.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

This appeal assails the Final Judgment and Order of a learned Single Judge of the High Court of Karnataka (hereinafter referred to as the ‘High Court’) dated 09.07.2013 rendered in Criminal Appeal No.12/2012 (hereinafter referred to as the ‘Impugned Judgment’) [2013 SCC OnLine Kar 5293], whereby the High Court set aside the Judgment and Order of conviction dated 23.12.2011 passed by the learned Special Judge, Davanagere (hereinafter referred to as the ‘Trial Court’) in Spl. C. (Lokayuktha) No.8/2007. Vide this Order, the Trial Court convicted the sole Respondent under Sections 7 , 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘Act’). The Respondent was sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs. 2,000/- (Rupees Two Thousand) for the offence punishable under Section 7 of the Act, and simple imprisonment for a period of 2 years and pay a fine of Rs. 3,000/- (Rupees Three Thousand) for the offence punishable under Sections 13 (1)(d) read with 13(2) of the Act.

BRIEF FACTS:

2. The Respondent was working as an Extension Officer, in the office of the Taluka Panchayath, Davanagere. The Complainant, one Mr. E R Krishnamurthy (hereinafter referred to as the ‘Complainant’) was appointed to the post of Primary School Teacher in Yadgir Academic District, under Category-II A. A letter was sent to the BCM Office, Davanagere from the DDPI Office, Yadgir for the certified copy of Validity Certificate of the Complainant’s claim under Category-II A. This file was put up to the Respondent to enquire and report. The Complainant alleged that the Respondent on 07.02.2007 at about 12:30 PM demanded illegal gratification of Rs.1,500/- (Rupees One Thousand Five Hundred) from him to submit the spot inspection report prepared by the Respondent.

3. On this allegation, a complaint was registered against the Respondent by the Davanagere Lokayuktha Police Station under Sections 7 , 13(1)(d) read with 13(2) of the Act.

4. It is further alleged that on the same day between 5:30 PM and 5:45 PM, the Respondent received said illegal gratification from the Complainant.

5. Pursuant thereto, a trap was conducted by the Lokayuktha Police team on 07.02.2007. Through this trap, phenolphthalein- smeared currency notes amounting to Rs.1,500/- (Rupees One Thousand Five Hundred) received by the Respondent, were seized by the trap team. Thereafter, the Respondent’s fingers were dipped in sodium carbonate solution which turned pink due to the presence of phenolphthalein on the fingers of the respondent as they had come in contact with the currency notes smeared with phenolphthalein.

6. In this backdrop, the Trial Court framed two questions: Whether on 07.02.2007, the Respondent demanded illegal gratification of a sum of Rs.1,500/- (Rupees One Thousand Five Hundred) from the Complainant as motive or reward for performing the above-mentioned official act/favour? And, whether the Respondent, on the same date between 5:30 PM and 5:45 PM in his office, obtained the said sum from the Complainant for showing the above-mentioned act/favour, and thereby committed misconduct in the discharge of his duties?

7. Answering both questions in the affirmative, the Trial Court convicted the Respondent under the charged provisions of the Act. The High Court, vide the Impugned Judgment, allowed the Respondent’s appeal and set aside the order of conviction by the Trial Court.

8. Against the Impugned Judgment of the High Court, the State through the Lokayuktha Police is in appeal before this Court.

APPELLANT’S SUBMISSIONS: