CAV JUDGMENT

(PER: HON'BLE MR JUSTICE V SRISHANANDA)

These two appeals are filed by accused Nos. 1 and 2 respectively challenging the order of conviction passed in Spl.C.(PCA) No.02/2009 on the file of Principal District and Sessions Judge, Chitradurga challenging the validity of the judgment of conviction dated 28.02.2012 for the offence punishable under Section 7 , 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 .

2. Facts which are utmost necessary for disposal of the appeals are as under:

2.1. K.Nagaraja, who was a lecturer in Government Composite Junior College, Kashipura, Holalkere Taluk lodged a complaint with Lokayukta Police, Chitradurga contending that on 29.11.2007, he had severe toothache. As such, he telephoned the Principal of college and informed that he is unable to attend the college on that day as he had to take immediate treatment for his toothache. He also prayed for grant of a day’s casual leave on 29.11.2007.

2.2. It is further alleged in the complaint that Principal of the college agreed to the request made and directed him that he can come next day and hand over the leave letter. On 30.11.2007, complainant usually visited the college