State of Karnataka vs Loknath - 2023 Supreme(Kar) 1236

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1236

T. VENKATESH NAIK
State of Karnataka – Appellant
Versus
Loknath – Respondent

Advocates appeared:
Prashant S.Kumman, Advocate, Subhash Mallapur, Advocate

JUDGMENT

1. The appellant - State has preferred this appeal under Sec. 378(1) and (3) of the Code of Criminal Procedure Code, 1973 (for short 'Cr.P.C.') to set aside the judgment and order of acquittal dtd. 24/9/2020, passed by the learned Special Judge and Principal District and Sessions Judge, Bidar (for short 'Trial Court'), in Special Case (P.C.Act) No.2/2012, wherein, the respondents have been acquitted for the offences punishable under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1984 (for short 'P.C.Act'). The appellant also prayed to convict the respondents for the aforesaid offences.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. The appellant is the complainant - State and respondents are accused Nos.1 and 2.

3. The brief facts of the prosecution case are as under:

On 20/1/2011, at about 5.55 p.m., accused No.1 - Loknath being a public servant, working as Revenue Inspector, Bagdal Circle, demanded illegal gratification of Rs.500.00 from PW.1 - Mohammed Fakeer Ahmed for effecting mutation in the name of his mother, in respect of land bearing Survey No.157/6, measuring 1 acre 22 guntas