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2002 Supreme(Kar) 170

M.F.SALDANHA
K. M. KUMARASWAMY – Appellant
Versus
STATE – Respondent


Advocates:
BINA DEVARAJ, G.Bharani Singh, M.V.Devaraj

M. F. SALDANHA, J.

( 1 ) A rather interesting position in law has emerged in this case as will be set out presently. The accused at the relevant time was working as Village Accountant of Veeradevanapura Group Panchayat in Nanjungud Taluk and it is alleged that on 28-3-1985 he demanded and accepted illegal gratification of Rs. 450/- in consideration for change of khata. This was a case in which the accused is alleged to have demanded Rs. 500/- for doing the job from PW-2 Sundaramma. According to the complainant, she was doing coolie work and she told the accused that she is so poor that it is impossible for her to produce that amount of money and the accused flatly refused to relent. Thereafter, her brother is supposed to have met the accused again and paid him Rs. 50/- with a promise that he would bring the remaining amount on 28-3-1985. A complaint was lodged with the anti-corruption police and a trap was laid, the currency notes were treated with phenolphthalein powder and, the amount was finally tendered to the accused after he demanded it. Not only were the currency notes recovered from his possession but the prosecution further alleges that the limewater with which his hands we

















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