The prosecution must establish demand and acceptance of bribes beyond reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

V Srishananda, J.

Heard Sri Subhash Mallapur, learned counsel for the appellant – Lokayukta and Sri Shankar P. Hegade, learned counsel for the respondent - accused.

2. Lokayukta is in appeal challenging the order of acquittal passed in Special Case (Lok) No.3/2016, on the file of the Principal District and Sessions Judge/Special Judge, Vijayapura by judgment dated 04.05.2021, for the offences punishable under Sections 7 , 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short ‘P.C.Act’).

3. Facts in nutshell, which are utmost necessary for disposal of the present appeal are as under:

3.1 The complainant said to have filed an application seeking for mutation of the entries in respect of land in Survey No.129/3, measuring 5 acres of Halerolli village, standing in the name of daughter and four sons including the complainant.

3.2 Elder brother of the complainant died and therefore, there was a decree from the Court for partition in respect of said land and three shares have been made and for change of the mutation entry, an application was filed in Nemmadi Kendra of Kolhar by paying fee of Rs.1,500/- for conducting survey of the land.

3.3 It is further contended by the complainant that Survey Officers of Basavana Bagewadi came to the land and measured the same and they shown strip of one acre to the elder brother of the complainant, three acres to the complainant and one acre to the younger brother of the complainant.

3.4 On 24.02.2015, the complainant gave an application accompanied with the survey application and Court decree to Bhoomi Kendra, Nidagundi for issuing separate RTC extract in the name of complainant and his brothers.

3.5 It is further case of the complainant that he met the accused for issuance of the separate RTC extract, at that juncture, accused demanded bribe amount of Rs.50,000/-, which was negotiated in a sum of Rs.10,000/-. As the complainant was not interested in parting away the bribe money of Rs.10,000/-, he reported the same to the Lokayukta Police, Vijayapura, who after verification of the veracity of the complaint averments, registered the case in Crime No.3/2015.

3.6 Lokayukta Inspector formed a raid party comprising of himself, his sub staff and two independent panch witnesses for the intended raid. Intended bribe money of Rs.10,000/- was collected from the complainant, comprising of 18 notes of Rs.500/- denomination and one note of Rs.1,000/- and directed one of the pancha to note down the serial numbers of the note on a separate paper and smeared the phenolphthalein powder on the intended bribe amount and demonstrated the chemical reaction of phenolphthalein powder with sodium carbonate colourless solution, which turned into pink and drafted entrustment mahazar vide Ex.P2.

3.7 Further, complainant and another pancha (shadow witness) were directed to visit the accused and on demand, was directed to pay the intended bribe amount to the hands of the accused. Shadow witness was directed to observe the activities that would take place and also hear the conversation that take place at the time of handing over the bribe money.

3.8 Thereafter, raid party along with the complainant proceeded to the office of the Tahsildar at Nidagundi. Complainant and shadow witness went inside. According to the prosecution case, complainant when contacted the accused, accused demanded the bribe money, but directed the complainant to come out of the office to Pawad Muttyan Temple and gave pre-designated signal. Thereafter, the head of the raid party, co-pancha and other sub staff came there and asked the accused to handover the bribe money, which the accused took out from his pant and handed over to the head of the raid party.

3.9 Colour test was conducted, which turned into positive and therefore, they were collected separately and seized. When explanation of the accused was sought for, accused told that it was thrusted into his hands by the complainant. Accused was arrested, trap mahazar was