IMPORTANT POINT
Once the demand and voluntary acceptance of illegal gratification knowing it to be the bribe are proved by evidence, then conviction must follow.

JUDGMENT

Abhay Manohar Sapre, J.—This criminal appeal is filed by the appellant/accused against the judgment and final order dated 25.11.2011 passed by the High Court of Karnataka in Criminal Appeal No. 1262 of 2006.

2. By impugned judgment, the High Court allowed the appeal filed by the State and reversed the judgment of the trial court which had acquitted the appellant/accused for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short “the Act’) and convicted the appellant for the aforementioned offences and, accordingly, directed him to undergo sentence of six months’ RI and to pay a fine of Rs. 1000/- in respect of conviction for the offence punishable under Section 7 and to undergo one year RI and to pay a fine of Rs. 2,000/- in respect of conviction for the offences punishable under Sections 13(1)(d) read with 13(2) of the Act with respective default clauses therein to suffer further imprisonment. Both the sentences were directed to run concurrently.

3. The question which arises for consideration in this appeal is whether the High Court was justified in convicting and awarding sentences to the appellant for the offences specified above?

4. In order to appreciate the grievance of the appellant, relevant facts, which lie in a narrow compass, need mention infra.

5 Malutai - a lady living in the Village Bad in Taluk Hukkeri (Karnataka) purchased small piece of land measuring 1 acre 35 guntas (RS No 109/2A) for her livelihood from one Malakappa Ishwar Sankeshwar by registered deed of sale in the year 1994. She after purchase of the land made an application for mutation of her name in respect of said land in the office of land revenue records.

6. The appellant (accused) at that relevant time was working as In-charge-village Accountant in the office of land revenue records in Village Bad and was residing in near by place called-Sankeshwar. On 17.5.95, Malutai - complainant (PW-1) approached the appellant and requested him to entertain her mutation application and pass appropriate orders on her mutation application by issuing Katha Extract in her favour. But the appellant illegally insisted and demanded bribe of Rs. 1000/- from Malutai (PW-1). Malutai (PW-1), unwilling to pay the bribe amount, approached the Lokayukta Police and, accordingly, lodged a complaint with the Deputy Superintendent of Police, Lokayukta Police, Balgaum on 19.05.1995 about the incident against the appellant as per (Ex-P-1).

7. The Lokayukta Police officials found substance in the complaint and, accordingly, registered the complaint for giving effect to it. Malutai (PW-1) gave 10 currency notes of Rs. 100/- denomination. Each note was then applied with phenolphthalein powder. These currency notes were given to shadow witness (PW2) for counting and for noting down their numbers. The officials then asked Malutai (PW-1) and V.D Desai (CW-2) to visit the appellant at his residence on 19.05.95 around 7.10 P.M Malutai (PW-1) was asked to give the aforesaid currency notes to the appellant on his making demand of bribe amount.

8. Accordingly, Malutai (PW-1) accompanied by V.D Desai (CW-2) visited the appellant’s residence and met him. The appellant demanded the bribe amount of Rs. 1000 from Malutai (PW-1), which she gave to him. Malutai (PW-1), thereafter came out of appellant’s house and gave signal to the sleuths of Lokayukta Police, who were standing out side the appellant’s house. Shadow witness (PW-2) and IO (PW-5) then came inside. The appellant’s hands and that of the currency notes, which he had kept in the shelf, were immersed in the chemical solution, which on being dipped, turned into pink colour (MO-5).

9. The raiding party then prepared the panchnama Ex-P-2 and after completing the necessary investigation and obtaining necessary sanction (Ex-P-8), filed the charge sheet against the appellant for his prosecution in relation to the commission of offences punishable under Sections 7, 13