Heard learned counsel Sri Abhishek Patil appearing

for the appellant and learned counsel Sri Anil Kale

appearing for respondent-Lokayukta Police.

2.

This appeal is filed by the accused challenging

the order of conviction passed in Spl.Case No.39/2010 on

the file of IV Additional District and Sessions Judge and

Special Judge (PCA), Belagavi (Hereinafter referred to as

“the trial court” for short), whereby the appellant is

convicted

and

sentenced

to

undergo

rigorous

imprisonment for a period of one year and to pay fine of

Rs.5,000/-; In default, simple imprisonment for a further

period of three months for the offence punishable under

Section 7 of the Prevention of Corruption Act, 1988 (“PC

Act” for short.) and sentenced to undergo two years

rigorous imprisonment for a period of two years and to

pay fine of Rs.10,000/- in default simple imprisonment for

a further period of six months for the offence punishable

under Section 13(2) of the PC Act.

- 3 -

3.

Brief facts of the case are as under :-

One Sri Sadashiva Siddappa Molagi has purchased 2

acres 5 guntas of land in Aalagwadi village in December

2007. He is a retired Army official and he wanted to settle

in Belagavi for educational purpose of his children and he

is a native of Nagarmunoli. Therefore, after purchase of

land, he applied for transfer of revenue entry in his name.

Objections were raised for mutating the name of Sri

Sadashiv Siddappa Molagi and the matter was referred to

Deputy Tahasildar, Kudachi. On 31.07.2008 the Deputy

Tahasildar on enquiry passed an order in favour of the

complainant and thereafter the complainant approached

the Village Accountant, Alagawadi along with order of the

Deputy Tahasildar and requested him to mutate his name

in respect of the land purchased by him. In that regard

accused demanded Rs.3,000/- as illegal gratification and

the complainant paid Rs.1,000/- without any alternative

and later on he approached the accused. The accused

again demanded Rs.1,500/- and therefore, he lodged a

- 4 -

complaint on 05.9.2008 with Lokayukta Police. The head

of the raid party being convinced about the veracity of the

complaint

averments,

made

arrangements

for

the

intended trap. He secured two panch witnesses and

explained them about the complaint averments and also

took Rs.1,500/- from the hands of the complainant

comprising of one note of Rs.1,000/- denomination and 5

notes of Rs.100/- denomination and entered serial

numbers of the said notes and smeared phenolphthalein

powder and demonstrated the chemical reaction of the

phenolphthalein with the sodium carbonate solution to the

panchas and drafted entrustment/experimental mahazar

in the presence of panch witnesses and took their

signature.

4.

Thereafter, the complainant was instructed that

he along with shadow witnesses should go to the office of

the accused, on demand should hand over the tainted

currency notes to the hands of the accused and thereafter

- 5 -

gave a pre-designated signal to the rest of the raid party

by using his hand kerchief.

5.

Thereafter, panch witnesses, complainant, head

of the raid party along with sub-staff reached the office of

the accused at about 6.00 p.m. The complainant and

shadow witness went inside the office and enquired about

the accused. Accused was not found and PW.3 informed

that accused had been to Alagawadi village and therefore,

they waited for some time. Soon after accused came to

the

office,

the

complainant

and

shadow

witness

approached him and on demand made by the accused, the

complainant handed over the tainted currency notes to the

hands of the accused in the presence of shadow witness.

The complainant gave a pre-designated signal to the rest

of the raid party and raid party arrived at the scene and

enquired the accused about the tainted currency notes.

Accused initially pleaded ignorance and thereafter handed

over the tainted currency notes to the raid party, which

were seized in the presence of panchas by tallying the

- 6 -

serial numbers made in the exp