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2021 Supreme(Kar) 839

M.G.UMA
State Of Karnataka, Special Public Prosecutor, Karnataka Lokayukta Police, High Court Of Karnataka Circuit Bench, Dharwad – Appellant
Versus
Rahimankhan Nannekhan Pathan, Occ-Assistant Public Prosecutor, J. M. F. C. I Court, Gadag, Now As Assistant Public Prosecutor, J. M. F. C. Court, Nippani – Respondent


Advocate Appeared:
For the Appellant : Sri Anik Kale, Special Public Prosecutor
For the Respondent:Sri K.L.Patil, Ravi S.Hegde AND Ismail D.Jalgar, Advocates

JUDGMENT :

The State represented by Lokayukta Police, Gadag preferred this appeal aggrieved by the impugned judgment of acquittal dated 21.02.2011 passed in Special SVC.CC.No.3/2006 on the file of learned District and Sessions Judge, Gadag (for short ‘the Trial Court’) acquitting the respondent/accused for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’ for the sake of brevity).

2. Brief facts of the case of the prosecution are that, P.W.2-the informant was the Editor of “Kranthi Sandesh” weekly news paper. The informant had filed a complaint against one Mr.Manjunath Abbigeri, which was registered in Crime No.105/2002 and a counter complaint was registered by the said Mr.Manjunath Abbigeri against the informant, which was registered in Crime No.106/2002.

Both the cases were pending before the Learned J.M.F.C.-I at Gadag, where the accused was working as Assistant Public Prosecution (for short ‘the APP’ for the sake of brevity). It is the contention of the prosecution that the accused demanded illegal gratification of Rs.2,000/-from the informant and received in all Rs.800/-on various

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