M.R.Purshotham vs State Of Karnataka

2. The case of the prosecution in brief is as follows : The appellant/accused was working as Second Division Surveyor in the office of Assistant Director of Land Records, Nagamangala and on 18.2.2000 he demanded an illegal gratification of Rs.500/- from PW1 Ramesh for issuance of survey sketch pertaining to Survey no.255 of Hullenahalli village and it is further alleged that though the accused had surveyed the land on the application of the complainant he was postponing issuance of survey sketch, to force PW1 Ramesh to pay bribe. PW1 Ramesh lodged Exh.P1 complaint on 18.2.2000 with Lokayukta Police on which a case came to be registered in Crime no.1/2000 on the file of Mandya Lokayukta Police Station for the alleged offences under Sections 7, 13(1)(d) read with Section 13(2) of the Act. A trap was organized and PW2 Sridhar and PW3 Kumaraswamy, Government servants, were directed to be present as panch witnesses. PW1 Ramesh produced a sum of Rs.500/- i.e. five currency notes of Rs.100/- each and the numbers of the said currency notes were recorded in the presence of panch witnesses and the currency notes got smeared with phenolphthalein powder. The complainant Ramesh took the powder smeared notes and went along with PW3 Kumaraswamy to the house of the appellant/accused. PW2 Sridhar and PW4 Inspector Santosh Kumar stood outside the said house. The accused was watching T.V. inside the room and on seeing them, he asked PW1 Ramesh as to whether he has brought what he had asked and PW1 Ramesh answered yes and gave the currency notes of Rs.500/- and accused took them by his right hand and kept the same on his table and directed PW1 Ramesh to come on Monday for obtaining copy of the Re-Survey. They came out and PW1 Ramesh gave the signal, immediately PW4 Inspector Santosh Kumar along with PW2 Sridhar went inside the house and in the solution of clean water and sodium carbonate the right hand fingers of the accused was immersed upon which it turned into light pink color and on verification the numbers of the currency notes which were lying on the table were tallied with the numbers of the notes written in Exh.P2 Mahazar. All the formalities were completed and after obtaining sanction charge sheet came to be filed against accused.

When PW1 Ramesh himself had disowned what he has stated in his initial complaint in Exh.P1 before PW4 Inspector Santosh Kumar and there is no other evidence to prove that the accused had made any demand, the evidence of PW3 Kumaraswamy and the contents of Exh.P1 complaint cannot be relied upon to conclude that the said material furnishes proof of demand allegedly made by the accused. The High Court was not correct in holding the demand alleged to be made by the accused as proved. Mere possession and recovery of the currency notes from the accused without proof of demand will not bring home the offence under Section 13(1)(d) of the Act and the conviction and sentence imposed on the appellant are liable to be set aside.

7. For the aforesaid reasons the appeal is allowed and the conviction and sentence imposed on the appellant/accused under Section 13(1)(d) read with Section 13(2) of the Act are set aside and he is acquitted of the charges. Bail bond, if any furnished by the appellant, be released.

September 24, 2014