1.

Heard Sri B.S.Sangati, learned counsel for the

appellant and Sri Anil Kale, learned Special Public Prosecutor

for respondent – State and perused the records.

2.

This Appeal is filed by the accused challenging the

Judgment

of

conviction

and

order

of

sentence

dated

16.04.2012 passed in Spl.Case No.107/2010 on the file of IV

Additional Sessions and Special Judge (PCA) at Belagavi.

3.

Brief facts of the case are as under:

A complaint came to be lodged by Sri Avinash

Shivaputrappa Aralikatti to Lokayukta Police, Belagavi on

02.03.2009. Based on which, Lokayukta Police registered a

case in Crime No.2/2009 for the offence punishable under

Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act,

1988 (hereinafter referred to as ‘PC Act’, for brevity). The

complaint averments reveals that the complainant owns a land

in Hirebagewadi village bearing Sy.No.401/2 measuring 3 acres

9 guntas and in 2004, the elder brother of the complainant by

name Eranna Shivaputrappa Aralikatti had purchased the same.

Thereafter on 29.12.2008, half of the said land measuring 1

- 3 -

acre 24 guntas was gifted in favour of the complainant by a

registered gift deed. Thereafter, the complainant gave an

application to the Taluka Office for transfer of revenue entries

in the name of the complainant. The said application was

received and inserted ‘J’. ‘J’ form was also received by the

Taluka Office from the Sub-Registrar’s Office.

4.

In order to find out the fate of the said application,

the complainant contacted the appellant herein. In that regard,

the

accused-appellant

demanded

Rs.3,000/-

as

illegal

gratification. On bargain, it was freezed to a sum of Rs.2,000/-.

Same was refused by the complainant and he approached

Lokayukta Police and lodged a complaint.

5.

The Lokayukta Police after getting confirmation

about the veracity of the complaint averments secured two

independent government servants to act as panchas for the

intended trap. The Lokayukta Police also made preparations for

the intended trap and obtained Rs.3,000/- containing four

currency notes of Rs.500/- denomination from the complainant

and they noted the numbers of the said currency notes and

smeared phenolphthalein powder on the currency notes and

- 4 -

demonstrated its reaction with sodium carbonate solution in the

presence of the panchas and experimental mahazar was

conducted in the office of the Lokayukta. The signatures of the

panch

witnesses

and

complainant

were

taken

to

the

experimental mahazar. Complainant and shadow witnesses

were instructed to approach the accused and on demand to

handover the tainted currency notes to the accused and give a

pre-designated signal to the raid party. Accordingly, raid party

proceeded in the government jeep to the office of the accused

at Belagavi and they came to know that the accused had gone

to

Hirebagewadi.

Thereafter

the

raid

party

came

to

Hirebagewadi by then the accused had come back to Belagavi.

On further contact with the accused, accused told that he will

be meeting the complainant in Hotel Pranam at Belagavi.

Accordingly, the complainant and shadow witness met the

accused and gave the currency notes, which the accused kept

in his shirt pocket. Thereafter, pre-designated signal was given

to the rest of the members of the raid party and immediately

raid party came to the hotel and apprehended the accused. On

enquiry, he told that the tainted currency is in shirt pocket and

the same was seized by the raid party. Colour test was

- 5 -

conducted and the colour test stood positive. The details of the

raid has been reduced into writing in the form of trap mahazar

and thereafter, the accused was arrested and produced before

the Special Judge and from there, sent to judicial custody. The

investigation agency carried out the investigation thoroughly

and thereafter, charge sheet came to be filed against the

accused for the offences punishable under Sections 7, 13(1)(d)

r/w Section 13(2) of the P.C. Act.

6.

Presence of the accused was secured be