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KARNATAKA HIGH COURT
H.P. SANDESH, J
STATE OF KARNATAKA BY LOKAYUKTHA POLICE MYSORE – Appellant
Versus
BASAVANNA POLICE SUB-INSPECTOR YELWALA POLICE STATION – Respondent
| Table of Content |
|---|
| 1. court's assessment of the evidence and trial. (Para 2 , 12 , 27) |
| 2. allegations against the accused regarding illegal gratification. (Para 3 , 4 , 5) |
| 3. arguments and evidence presented by the defence. (Para 6 , 7 , 8) |
| 4. justification for not disturbing the acquittal. (Para 9 , 16 , 28) |
CAV JUDGMENT
1. Heard the learned counsel for the appellant and also the learned counsel for the respondent.
2. This appeal is filed challenging the judgment of the acquittal passed against the accused for the offence punishable under Section 13 (1)(d) r/w Section 13 (2) of Prevention of Corruption Act, 1988 in Spl.C.No.52/2011 dated 20.08.2013.
3. The factual matrix of case of prosecution is that accused is working as Police Sub-Inspector in Yelwala Police Station, Mysore. The complainant was owning a lorry bearing registration No.KA-09-9650 and he was using the same for transportation of sand. That on 05.07.2011, the accused has apprehended the said lorry while transportation of sand on the ground that the sand is being transported without permit or license and accused demanded Rs.5,000/- for release of the vehicle. When the complainant did not pay the illegal demand, he referred
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