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V. SRISHANANDA
Shivanand Fakirappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
1. Heard Sri.Shankar P Hegde, learned counsel for the appellant and Sri.G.I.Gachchinamath, learned Special Public Prosecutor for respondent-State.
2. Appeal by the convicted accused in Special C.C. No.82/2010, whereby accused has been convicted for offence punishable under Ss. 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and sentenced as under:
"The accused is found guilty of the offences U/s 7 and 13(1)(d) r/w Sec. 13(2) of Prevention of Corruption Act, 1988 and he is convicted U/s 235(2) of Cr.P.C. The accused is sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5, 000.00, in default simple imprisonment for a further period of two months for the offence punishable U/s 7 of the Prevention of Corruption Act, 1988.
The accused is further sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.5, 000.00, in default simple imprisonment for a further period of three months for the offence punishable U/s 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988.
Both the sentences shall run concurrently."
3. Brief facts of the case are as under: Anand Fakirappa Hobannava
The prosecution must establish all elements of the alleged offence, including demand and acceptance of illegal gratification, and the pending work of the complainant with the accused, for a convictio....
The prosecution must establish demand and acceptance of illegal gratification beyond reasonable doubt to secure a conviction under Sec. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corrup....
Point of Law : Defence cannot be ballasted with the premise that Courts will, from the outset, be guarded against and suspicious of the testimony of trap witnesses.
The prosecution must establish the actual demand and acceptance of illegal gratification, and any doubt in a criminal case should benefit the accused.
The judgment emphasizes the necessity for the prosecution to establish the demand and acceptance of illegal gratification, as well as the pending work with the accused, to sustain a conviction under ....
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