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2012 Supreme(Kar) 1152

A.N.VENUGOPALA GOWDA
State by Lokayuktha Police Chickmagalur – Appellant
Versus
C. Seenappa S/o. Chennappa Retd. – Respondent


Advocates:
Advocate Appeared:
Mr. T.M. Gayathri, for the Appellant
Mr. S.G. Pandit, Sri S. Nagaraja, M/s. S. Nagaraja, Assts., for the Respondent

JUDGMENT

A.N. Venugopala Gowda , J.—State by Lokayuktha Police has filed this appeal assailing the judgment and order of acquittal dated 6.10.2009, passed by the learned Sessions Judge, Chikmagalur in Spl. Case. No. 10/2007, whereby and whereunder, the respondents who were tried for the offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 were acquitted from the charge. The case of the prosecution in brief is that, complainant/PW. 1, applied for change of katha in respect of a revenue site to his name from the name of his deceased father and when he approached the respondents, they demanded payment of bribe to each of them. Having no mind to pay the bribe amount, PW. 1 lodged a complaint/Ex.P-1 on 28.01.2004 at the Lokayuktha Office, Chikmagalur. The Lokayuktha Police, Chikmagalur registered a case, submitted FIR in a sealed cover, procured two official panch witnesses, conducted entrustment mahazar in their presence as per Ex.P-2 and the trap party left Chikmagalur in a departmental vehicle to Kadur and that the complainant and shadow witness went to the Taluk Office and the others were waiting for signal, but the first and t

























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