ORDER OF

ACQUITTAL

DATED

07.11.2014, PASSED BY THE PRL. DISTRICT AND Special JUDGE,

KOPPAL, IN SPECIAL C.C. (PC) NO.45/2011 AND CONVICT AND

SENTENCE THE RESPONDENTS/ACCUSED, FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 7, 13(1)(D) READ WITH SECTION

13(2) AND 8 OF THE PREVENTION OF CORRUPTION ACT, 1988,

ETC.,.

SUJATA

SUBHASH

PAMMAR

Digitally signed by

SUJATA SUBHASH

PAMMAR

Location: HIGH

COURT OF

KARNATAKA,

DHARWAD

BENCH,

DHARWAD.

Date: 2023.02.23

12:39:45 +0530

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CRL.A.No. 100029 of 2015

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 06.02.2023, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by the State through Lokayukta

challenging the judgment of acquittal dated 07.11.2014,

passed by the Prl. Sessions Judge and Special Court,

Koppal, in Special C.C. (P.C.) No.45/2011, whereby the

learned

Sessions

Judge

has

acquitted

the

accused/respondents herein for the offences punishable

under sections 7, 13(1)(d) read with section 13(2) as well

as section 8 of the Prevention of Corruption Act, 1988.

For the sake of convenience, the parties herein

are referred with the original rankings occupied by them

before the Trial Court.

3.

The brief factual matrix leading to the case are

as under:

a)

That the accused No.1 Sharanappa was a

Village Accountant of Juratagi village in Gangavati Taluk.

The complainant claims that the land bearing Sy.No.27

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CRL.A.No. 100029 of 2015

situated at Juratagi was standing in the name of

Yamanamma as a minor guardian of complainant and his

brother and after attaining majority they have moved an

application to the Special Tahasildar, for mutating their

names by deleting the name of minor guardian.

b)

It is further alleged that accused is said to have

demanded Rs.8,000/- to do official favour and in this

regard the complainant has lodged a complaint. On the

basis of the complaint, a crime was registered and trap

was laid down after drawing entrustment mahazar. But

however the trap was unsuccessful on 20.10.2010 and

21.10.2010 but it is alleged that on 03.11.2010 trap was

successful and the tainted amount was said to have been

recovered from the custody of accused No.2 who alleged

to have received it on behalf of accused No.1. Then the

Investigating Officer has drawn trap mahazar and he has

also recorded the statement of witnesses and then

submitted the charge sheet against the accused persons.

The accused were arrested by the Investigating Officer

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CRL.A.No. 100029 of 2015

and were produced before the Special Judge and they

were enlarged on bail.

c)

Subsequently the learned Special Judge has

furnished the copies of the prosecution papers and he has

framed the charge against the accused. The accused

pleaded not guilty and claimed to be tried.

d)

The prosecution has examined in all 12

witnesses and also placed reliance on 38 documents and

11 material objects. During the cross-examination of

prosecution witnesses, Ex.D.1 was got marked.

e)

After conclusion of the evidence of prosecution,

the statement of accused under section 313 of Cr.P.C. was

recorded to enable them to explain the incriminating

evidence

appearing

against

them

in

the

case

of

prosecution. The case of accused is of total denial and they

did not choose to lead any oral or documentary evidence

in support of their evidence. However, accused Nos.1 and

2 have submitted their detail written say denying the case

of the prosecution and thrusting the amount in the hands

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CRL.A.No. 100029 of 2015

of accused No.2 who was not a public servant who

attended the office pertaining to his work.

f)

After hearing the arguments advanced by both

the

parties,

learned

Sessions

Judge

by

impugned

judgment has acquitted both the accused. Being aggrieved

by this judgment of acquittal, this appeal is being filed.

4.

Heard the arguments advanced by the learned

Special Public Prosecutor for Lokayukta and learned

counsel appearing for respondent. Perused the records.

5.

The learned Special Public