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 Ss. 7 and 13(1)(d) of the Prevention of Corruption Act.

JUDGMENT/ORDER

1. The appeal is by accused No.1 against judgment and order of conviction dtd. 23/9/2013 passed in Special (KLA)C.C.No.4/2012 by the III Additional District and Sessions and Special Judge, Dharwad, "(the Special Judge" for short) whereby convicted for the offences punishable under Ss. 7, 13(1)(d) and 13(2) of the Prevention of Corruption of Act, 1988 (PC Act) and sentenced to undergo imprisonment as under: Default Offences Punishment Fine sentence Sec. 7 of rigorous Simple P.C.Act. imprisonment Rs.2, 500.00 imprisonment for of one year two months. Sec. rigorous Simple 13(1)(d) r/w imprisonment imprisonment for Rs.2, 500.00 13(2) of of one year two months. P.C.Act.

2. Brief facts of the case are as under: A complaint came to be lodged by Sri Amit Hiremath son of Shivabasayya Hiremath with Lokayukta Police on 21/4/2011. The same is registered by Lokayukta Police in Crime No.5/2011 for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of PC Act.

3. In the complaint, the following averments are found. The complainant was selected as Accountant in the year 2010 in the Municipal Administrative Department and he had sought for the appointment under IIIB category and he had to furnish Caste Certificate that is the complainant belongs to IIIB category to the Municipal Administration Department in the prescribed From No.1 in February 2011. He had also annexed the transfer certificate issued by the School Authority of his father along with the application to establish that the complainant belongs to IIIB category. In that regard, he had visited the Social Welfare Department and met Sri Kashinath Sajjan who was working as a Second Division Assistant. On enquiry, Sri Kashinath Sajjan told that he would forward the application on the same day, provided, he is looked after well (RK PqPUvz) payment of illegal gratification).

4. The complainant replied that he is a student and he does not have the money and he pleaded that the application be forwarded at the earliest. Sri Kashinath Sajjan replied that, he would send the Certificate within 15 days on payment of Rs.1, 000.00 or at least Rs.500.00 as illegal gratification as the same needs to be paid to higher officials. Though, he was not willing to pay the illegal gratification, since his father was not well, he told that after a month he would agree to pay. Thereafter, he met the Lokayukta Inspector on 19/4/2011 and he was given a tape recorder and conversation was transpired between the complainant and the accused. Thereafter, the Lokayukta Police Inspector got convinced about the contents of the complaint and arranged for trap. He secured two Government Servants as mahazar witnesses who are examined as PWs.2 and 3 and demonstrated to them the chemical reaction of phenolphthalein powder with sodium carbonate solution and also explained them the contents of complaint and took one Rs.500.00 currency note and smeared with phenolphthalein powder to it and handed over it to the complainant and directed complainant and shadow witness to go to office of the accused and hand over the same and shadow witness was directed to observe what transpires inside the office and they were advised to give the pre-designated signal to the raid party. Thereafter, entrustment mahazar was drafted and all the members of the raid party proceeded to the office of the accused on 21/4/2011.

5. After going inside the office, the complainant met accused No.1 who was chewing the Betel nut and leaf and he handed over the tainted currency to him, which he received by his hand and gave it to driver-Basappa Morab who is examined as PW.4, who in turn with a signal handed over it to accused No.2. Likewise driver received the tainted currency from accused No.1 and then hand it over to the 2nd accused and complainant gave a pre- designated signal to Rest of the raid party. Rest of the raid party appeared in the scene of offence inside the office and came inside the office and enquired accused No.1