JUDGMENT/ORDER

1. This appeal filed by the convicted accused is directed against the judgment of conviction and order of sentence passed in special case No.126/2009 dtd. 23/7/2011 by the District and Special Judge at Chamarajanagara wherein, the appellant/accused was convicted for the alleged offence punishable under Ss. 7 and 13(1)d r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and directed to undergo imprisonment for a period of 4 years and also to pay a fine of Rs.25, 000.00 in default, he shall suffer further simple imprisonment for a period of 5 months.

2. The factual matrix of the prosecution case are that:-

The appellant was working as Taluk Executive Officer of Taluk Panchayat at Yelandur. Under Dr.B.R.Ambedkar self employment scheme, the complainant-Shivamurthy, who was examined as PW.2 in this case and other beneficiaries have applied for loan in the said scheme at Dr. B.R.Ambedkar Development Corporation. The appellant/accused being Executive Officer of Taluk Panchayat had to send recommendation to the said development corporation for sanctioning the loan under the said scheme. In this regard, PW.2-the complainant, PW.4-Ningaraju and CW.8-Nagaraju approached the appellant/accused on 27/11/2007 in Taluk Panchayat office at Yelandur and requested the appellant/accused to see that they were selected as the beneficiaries under the said scheme and they are to be recommended by the Authority. The accused/appellant agreed to comply with their request subject to the condition that they should pay bribe of Rs.2, 500.00 each, totalling to Rs.10, 000.00 for doing the said official act. When they said that they are unable to pay that much of amount, the accused agreed to accept Rs.4500.00 in total and told that he would do the work, only if the said amount of Rs.4500.00 is paid to him on 28/11/2007, otherwise, he will not do the work and thereby, demanded the illegal gratification. Therefore, the complainant i.e., PW.2 and other beneficiaries of the said scheme, decided not to give any gratification or bribe to the accused/appellant and therefore, PW.2 lodged the complaint to the Chamarajanagara Lokayukta Police.

3. It is the further case of the prosecution that on 28/11/2007 at about 5.15 p.m., in Taluk Panchayat Office at Yelandur, PW.2 i.e., the complainant and PW.3, who is the eye-witness (shadow witness) went to the chamber of the accused/appellant to meet him and at that time, the accused/appellant demanded the bribe amount of Rs.4, 500.00 and received the alleged amount from PW.2-the complainant in presence of PW.3 and the accused was trapped and money was recovered from his table drawer. As such, the Investigation Officer arrested the accused, the recovery mahazar has been drawn and the tainted money was recovered at the instance of the accused and thereafter, the accused was produced before the Special Court and thereby, remanded to judicial custody. The Investigation Officer, after completion of the investigation, laid the charge sheet against the accused for the alleged offence punishable under Ss. 7 and 13(1) d r/w Sec. 13(2) of the Act. Before the Special Court, the Special Judge framed the charge against the accused for the aforesaid offences and read over the same to the accused. However, the accused denied the charges levelled against him and claims to be tried.

4. In order to bring home the guilt of the accused, the prosecution in all examined 5 witnesses i.e., PW.1 to PW.5 so also got marked 26 documents as per Exs.P1 to P26 and 9 material objects i.e., MO.1 to MO.9. After completion of the evidence, the learned trail Judge read over the incriminating portion of the evidence of the witnesses deposed before the Court to the accused as contemplated under Sec. 313 of Cr.P.C. However, the accused denied the same and he did not choose to examine any of the witnesses on his behalf so also he did not mark any documents on his behalf.

5. The defence of the accused is that of total denia