The present appeal is filed by the appellant who has

been convicted in Special Case No.178/2009 by the

Principal Sessions Judge, Kalaburagi by judgment dated

15.07.2015 for the offences punishable under Sections 7

and 13(1)(d) read with Section 13(2) of the Prevention of

Corruption Act, 1988 (for short, 'P.C.Act') and sentenced

as follows :

Offence

Punishment

Fine

Default

sentence

Section 7 of P.C.Act Imprisonment

for

six

months

`2,000/-

Imprisonment

for

two

months

Section

13(1)(d)

punishable

under

Section

13(2)

of

P.C.Act

Imprisonment

for two years

`5,000/-

Imprisonment

for

six

months

2.

Brief facts of the case are as under :-

Complainant (PW.3) lodged a complaint with the

Lokayukta Police contending that his wife Smt.B.Joharnoor

3

@ B.Hohar is working as Assistant Teacher in Government

High School, Kamalapur. She had applied for loan from

GPF Account and in that regard, an application was

prepared on 14.1.2008 and the said application was sent

along with the complainant to the office of the accused.

Complainant visited the office of the accused on 14.1.2008

and thereafter, he came to know that it is the accused who

was required to handle the application and he met him on

16.1.2008, on which day, he demanded a sum of `800/- as

illegal gratification which he was not interested in paying

and therefore, approached the Lokayuktha Police and

Lokayuktha Police after hearing the audio conversation

between the complainant and the accused, felt the

genuineness in the complaint averments and registered a

case on 29.1.2008 and laid a trap.

3.

The panch witnesses who were examined as

PWs.1 & 2 by name Basavaraj and Vishwanath Reddy,

were secured and they were made aware of the complaint

averments and the alleged trap to be conducted, on

4

receipt of `800/- currency notes comprising of 8 notes of

`100/-

denomination,

phenolphthalein

powder

was

smeared on the said currency notes and its reaction with

the sodium corbonate solution was demonstrated and an

experimental mahazar was drafted in the presence of the

mahazar witnesses who withstood the significance of the

colour test and all the raid party members namely, the

head of the raid party, Assistant Police personnel, mahazar

witnesses and complainant, proceeded to the place of the

accused. At about 5.00 p.m., they visited the place of the

accused. It is found from the records that the accused

came out of the office and they wanted to have a tea in a

hotel which is situated adjacent to the compound wall of

the office of the accused. The complainant said to have

handed over the tainted money to the hands of the

accused which he kept in his shirt packet, pre designated

signal decided by the raid party was given to the raid party

and immediately, the raid party arrived at the spot and

seized currency notes from the custody of the accused and

colour test turned positive and thereafter, arrested the

5

accused

and

registered

a

case.

After

thorough

investigation, filed charge sheet against the accused. The

presence of the accused was secured and charge was

framed as under:

"That you accused being a public servant

working as Second Division Assistant in the office

of Commissioner of Public Instructions, Gulbarga

on 14-01-2008 demanded illegal gratification of

Rs.800/- from the complainant CW-1 Sri. Khaja

Moinuddin to show official favour in the matter of

sanctioning GPF loan to his wife Smt. B.Joharnoor

@ B. Johar, Assistant, Teacher, Government Pre-

University College, Kamalapur and you received or

obtained the said illegal gratification of Rs.800/-

from C.W.1 Sri. Khaja Moinuddin on 29-01-2008 at

17-15 hours in the Compound of office of

Commissioner, Public Instructions, Gulbarga, as a

motive or reward for doing above said work and

thereby you have committed offence punishable

under Section 7 of Prevention of Corruption Act,

1988 and within cognizance of this court.

That you accused committed offence of

criminal misconduct by accepting or obtaining

illegal gratification of in all Rs.800/-from the