The prosecution must establish the guilt of the accused beyond reasonable doubt with cogent, corroborative, and consistent evidence. Any doubt should benefit the accused.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in Spl.C.No.26/2008 dated 22.06.2011 convicting the appellant/accused for the offence punishable under Section 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (for short ‘P.C.Act’).

2. The accused was sentenced to undergo SI for a period of one year and to pay fine of Rs.5,000/- for the offence punishable under Section 7 of the P.C.Act. Further, the accused was sentenced to undergo SI for a period of 3 years with fine of Rs.10,000/- for the offence under Section 13(1)(d) punishable under Section 13(2) of the P.C.Act. In default to pay the fine amount, accused was sentenced to undergo SI for a period of six months and one year respectively. The sentence was ordered to run concurrently.

3. It is transpired in the complaint allegations that complainant namely Shanthamma was working as Anganawadi Assistant at J.P.Nagar Anganawadi Center for a period of four years and thereafter, she was appointed to newly established Nachanahalli Palya Anganawadi Center, the number of which is 128 and the same was established at I Cross, Nachanahalli Palya and the accused was said to be the Supervisor of the fourth circle. The accused in order to give appointment order to the complainant, alleged to have demanded money and the complainant is alleged to have already paid an amount of Rs.2,000/- in her house. It is alleged in the complaint that accused demanded to pay the balance amount of Rs.4,000/- on 12.10.2006 and told the complainant to come and pay the money in the morning in her house. When the complainant requested to reduce the amount, accused asked her to come along with Rs.2,000/- to her house or otherwise she will not issue the appointment order and her appointment will be cancelled. The complainant went and discussed the said issue with her husband. Thereafter, the complaint lodged by the complainant with the Lokayukta police has produced along with an amount of Rs.2,000/- and also furnished the address of the accused and she also mentioned in the complaint that accused had asked her to bring amount of Rs.2,000/- . Based on the complaint as per Ex.P1, the Lokayukta Police registered the case by recording FIR and thereafter, proceeded with the case for investigation by securing two official witnesses to act as panch witnesses. Subsequent to securing PW.2 – D.V. Diwakar and PW.4 – R.N. Annapoorna by making a correspondence letter to their unit head to act as panch witnesses, the Police Inspector of Lokayukta Police, Mysuru – B.Swamy conducted entrustment mahazar as per Ex.P2 in the presence of PW.1 – Shanthamma and briefed the contents of the aforesaid mahazar and so also, by applying the phenolphthalein powder on the currency notes produced by PW.1 – Shanthamma by preparing sodium carbonate solution and when the government servant comes into contact with the aforesaid currency notes and if the fingers of the government servant are washed in the said solution, the same shall turn into pink in color. The said procedure was briefed to PW.2 – D.V. Diwakar and PW.4 – R.N. Annapoorna who were secured as panch witnesses in the presence of PW.1 – Shanthamma.

4. Subsequent to drawing of the entrustment mahazar as per Ex.P2, the Police Inspector of Lokayukta Police, Mysore who led the team along with the materials required for conducting trap on 11.10.2006 on a complaint filed by the complainant as per Ex.P1 and so also in the presence of PW.2 and PW.4, the pretrap mahazar was conducted by the Police inspector as per Ex.P2 in his office at around 5.30 p.m. But the team could not be led by him on that day to conduct trap mahazar. He gave instructions to come on the next day in order to proceed with the complaint as well as FIR said to be recorded for the purpose of raid of government servant who arraigned as accused. Accordingly, on 12.10.2006, the team led by Police Inspector – Swamy to the house of Accused –