The prosecution must prove demand and acceptance of illegal gratification and fabrication of evidence beyond reasonable doubt to establish guilt under the Prevention of Corruption Act and IPC.

N. ANANDA, J.—Respondents 1 to 6 were arrayed as accused Nos. 1 to 6 in Special Case No. 5/1992, on the file of Principal Sessions Judge at Tumkur. They were tried for offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the Act’) and also for offences punishable under Sections 193 and 109 of IPC. The learned Sessions Judge has acquitted them. Therefore, the State represented by Lokayukta has preferred this appeal.

2. I have heard Smt. T.M. Gayathri, learned Counsel for appellant and Sri S.K. Venkata Reddy, learned Counsel for respondent No. 1/accused No. 1.

3. In brief, the case of prosecution is as follows:

During the year 1990, P.W. 2-G. Thontaradhya was owning a shop in Chikkanayakanahalli and he was dealing with provisions and he was also selling kerosene. P.W. 9 H.T. Jayarama is a native of Hirisave Village, Channarayapatna Taluk, Hassan District. At the relevant time, he was using a diesel pump to lift water to cultivate his lands and he was running his diesel pump set by using kerosene. On 17.8.1990, he had come to Chikkanayakanahalli and purchased 70 litres of kerosene from P.W. 2. When he was transporting 70 litres of kerosene in a can in a private bus, some of the police constables apprehended and arrested P.W. 9 and seized kerosene can, containing 70 litres of kerosene to the police station. At the relevant time, first accused was the Sub-Inspector of Chikkanayakanahalli Police Station.

On 18.8.1990, accused No. 1 secured P.W. 2 to police station and told him that he had sold 70 litres of kerosene in black market to P.W. 9 and also threatened him to implicate in Crime No. 159/1990. P.W. 2 denied to have sold kerosene to P.W. 9 but accused No. 1 threatened to book P.W. 2 in the case registered against P.W. 9. When P.W. 2 pleaded his innocence, accused No. 1 demanded illegal gratification of Rs. 1,500/- as a motive or reward to show official favour to P.W. 2 not to frame P.W. 2 in the case registered against P.W. 9. P.W. 2 bargained and illegal gratification was reduced to Rs. 1,000/-. On the same day, P.W. 2 borrowed a sum of Rs. 600/- from different persons and paid the same as illegal gratification to first accused and requested him to spare him from the criminal case. Accused No. 1 accepted illegal gratification of Rs. 600/- from P.W. 2 and demanded P.W. 2 to pay remaining illegal gratification of Rs. 400/- within a short time. P.W. 2 assured that he would pay the remaining illegal gratification of Rs. 400/- and came out of the police station.

On 20.8.1990, P.W. 2 lodged first information with the Deputy Superintendent of Lokayuktha at Tumkur, on the basis of which crime No. 6/1990 registered for offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Act, against accused No. 1. P.W. 2 produced a sum of Rs. 400/-, which comprised of six currency notes of Rs. 50/- denomination, four currency notes of Rs. 20/- denomination and two currency notes of Rs. 10/- denomination. The Deputy Superintendent of Police (C.W. 34-D.G. Sharanappa, since dead, not examined before the trial Court) secured witnessed, namely, P.W. 1 Sannaoblaiah and P.W. 3 K.G. Lakshman from their respective offices. On their arrival, C.W. 34 explained the contents of first information to P.W. 1 and P.W. 3. C.W. 34 smeared phenolphthalein powder on currency notes produced by P.W. 2 and entrusted the same to P.W. 2 with an instruction to give the same to first accused if the bribe is demanded by first accused. C.W. 34 demonstrated phenolphthalein test to P.Ws. 1, 2 and 3. The raiding party comprising of P.Ws. 1 to 3 and other police officials led by C.W. 34 reached Chikkanayakanahalli in a jeep and jeep was parked near the police station. P.W. 2 was instructed to meet the first accused. P.W. 3-K.G. Lakshman was instructed to be a shadow witness to observe as to what would transpire between accused and P.W. 2. P.Ws. 2 and 3 entered the police station at Chikkanayakan