Convicted

accused

in

Special

C.C.No.186/2009

by

judgment dated 11.07.2022 on the file of Special Judge,

Belagavi has preferred this appeal.

2.

Brief facts of the case are as under:

Upon the complaint lodged by one Sharifsab Pakrusab

Nadaf, Lokayukta police registered a case in Crime No.16/2008

for the offences punishable under Sections 7 and 13(1)(d) read

with Section 13(2) of the Prevention of Corruption Act, 1988.

Gist of the complaint averment reveals that, accused was

working as a Junior Training Officer in the Government ITI

College, Saundatti. Sister’s son of the complainant by name

Maktumsab was studying in second year ITI in Government ITI

College, Saundatti and final examination was scheduled to

commence in 21.07.2008. Sri Maktumsab had paid necessary

fee to be paid to the Government for attending the examination

and accused received Rs.5,500/- from each of the student in

the said class in order to see that the student would pass

through the examination effortlessly. Accordingly, accused also

demanded Rs.5,000/- from Maktumsab, which was not

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interested to be paid by the complainant however he paid only

Rs.1,000/- and sought time for remitting the balance amount

and thereafter the accused insisted for balance amount.

3.

On

13.07.2008,

the

complainant

along

with

Maktumsab approached the accused and sought for time and

also requested him that Maktumsab is a poor person and

therefore, sufficient time needs to be given. However, the

request made by the complainant and the Maktumsab was

turned down by the accused and he conversation between the

accused and the complainant was recorded in a mobile phone

and since they are not interested to part away the illegal

gratification,

they approached the Lokayukta Police on

16.07.2008 and lodged the complainant.

4.

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.4,500/- to be paid from the hands of the complainant

comprising of nine notes of Rs.500/- denomination and entered

serial numbers of the said notes and smeared phenolphthalein

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powder and demonstrated the chemical reaction of the

phenolphthalein powder with the sodium carbonate solution to

the panchas and drafted entrustment/ experimental mahazar in

the presence of panch witnesses and took their signature.

5.

Thereafter, the complainant was instructed that he

along with shadow witnesses should go to the working place of

the accused, on demand should hand over the tainted currency

notes to the hands of the accused and thereafter gave a pre-

designated signal to the rest of the raid party by using his hand

kerchief.

6.

Thereafter raid team has been proceeded to place

of the accused where the accused was working, complainant

handed over the money to the accused on demand in the

presence of the shadow witness and gave a pre-designated

signal. Immediately the rest of the raid party came to the

scene of offence; enquired the accused about the illegal

gratification and handling of tainted currency; seized nine

currency notes of Rs.500/- denomination; the serial numbers

of the currency notes were tallied and colour test were

conducted, which stood in positive; explanation of the accused

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was obtained; accused was arrested and trap mahazar was

drafted.

7.

Thereafter, the accused was produced before the

Special Judge and he was sent to judicial custody. Subsequent

thereto, detailed investigation has been conduced and charge

sheet came to be filed against the accused for the aforesaid

offences.

8.

Presence of the accused was secured and he was

on bail and charges were framed. Accused pleaded not guilty

and trial was held.

9.

In order to prove the case of the prosecution, in all

25 witnesses were examined as PWs.1 to PWs.25 and

prosecution relied upon the 50 material documents which were

exhibited and marked as Exs.P.1 to P.50. Eleven material