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 Corruption Act.

JUDGMENT/ORDER

1. Heard Sri Shankar Hegde, learned counsel appearing for the appellants and Sri Anil Kale, learned Special Public Prosecutor appearing for respondent-Lokayukta.

2. The present appeal is preferred against the judgment of conviction dtd. 23/7/2011 passed in Spl.SVC.CC.No.2/2005 by the District and Sessions Judge, Gadag, ("trial Court" for short), whereby the appellant-accused were convicted for the offence punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 ("PC Act" for short).

3. Accused No.1 was sentenced to undergo simple imprisonment for a period of one year and fine of Rs.5, 000.00 for the offence punishable under Sec. 7 of PC Act in default to pay fine, to undergo simple imprisonment for a period of one month and accuse No.1 was also sentenced to undergo simple imprisonment for a period of one year and fine of Rs.2, 000.00 for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of PC Act, in default to pay the said fine, to undergo simple imprisonment for a period of two months.

4. Accused No.2 is sentenced to undergo simple imprisonment for the period of one year and to pay a fine of Rs.5, 000.00 for the offence punishable under Sec. 7 of PC Act, in default to pay the said fine, to undergo simple imprisonment for a period of one month and she also sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs.2, 000.00 for the offence under Sec. 13(1)(d) read with Sec. 13(2) of PC Act, in default to pay fine to undergo simple imprisonment for a period of two months.

5. Brief facts of the case are as under :

The complainant by name Sri Kalakappa Veerappa Kusthtagi lodged a complaint with the Lokayukta Police on 11/6/2004 contending that, he had applied for change of name in the birth certificate of his grandson's father in the Tahasildar office. In that regard, he approached accused Nos.1 and 2. Accused Nos.1 and 2 have demanded illegal gratification in a sum of Rs.1, 000.00 and Rs.100.00

respectively. As the complainant was not interested in paying the said illegal gratification, sought for an action against the accused persons.

6. After verifying the veracity of contents of the complaint, Lokayukta Police decided to laid a trap. In that regard, the head of the raid party secured two panch witnesses and explained them the contents of the complaint and also demonstrated the chemical reaction of phenolphthalein powder with sodium carbonate solution and took 10 currency notes of Rs.100.00 denomination 2 currency notes of Rs.50.00 denomination and smeared phenolphthalein powder to the said notes after noting down the serial numbers, prepared entrustment mahazar vide Ex.P.2. Thereafter, instructions were given to the complainant and the shadow witness. Complainant visited the accused persons and to enquired about the pending work and on demand made by them, to hand over the tainted currency notes to the hands of accused Nos.1 and 2 and handing over of such currency notes must be seen by the shadow witness and thereafter come out of the office and should give a pre-designated signal to the rest of the raid party, by wiping his face with the hand kerchief.

7. Thereafter, the raid party comprising of head of the raid party, sub staff, panch witnesses and the complainant proceeded to the office of the Tahasildar around 12.30 noon. As per the instructions given by the Head of the raid party, the complainant approached accused No.1 and handed over 10 currency notes of Rs.100.00 denomination to the hands of accused No.1 and thereafter approached accused No.2 and handed over 2 currency notes of Rs.50.00 denomination and gave a pre- designated signal to the rest of the raid party.

8. Immediately raid party came to the office of the Tahasildar and enquired accused Nos.1 and 2 about the tainted money. Initially both of them pleaded ignorance and thereafter accused Nos.1 and 2 took out the tainted currency notes which were there in their custo