2020 (2) AKR 132 ::AIROnline 2019 Kar 2333 ::(2020) 3 KCCR (SN )147

Karnataka High Court

Hon'ble Judge(s): K. N. Phaneendra , J

(A) Prevention of Corruption Act (49 of 1988) , S.13(1)(d), S.13(1)(d)(2), S.20(1)— Illegal gratification - Demand and acceptance - Accused, Inspector in Weights and Measures department, visited shop of complainant and inquired about stamping and sealing of electronic weighing machines - Due to lack of stamp, accused imposed fine and also asked complainant to pay both stamping fees and fine of Rs. 4000/- for regularization of machine - Complainant paid Rs. 1000/- to accused and demanded receipt to which accused replied that receipt will be given only after payment of full amount - Whether amount received by accused from complainant was towards gratification or towards official fee and fine, not fully clarified by prosecution beyond reasonable doubt - Accused entitled to acquittal. (Para 27 29 31 37 51 53 59) (B) Prevention of Corruption Act (49 of 1988) , S.13(1)(d), S.13(1)(d)(2), S.20(1)— Evidence Act (1 of 1872) , S.105— Illegal gratification - Demand and acceptance - Benefit of doubt - Though prosecution placed on record some proof as regards transactions between accused and complainant - Defence taken up by accused that money in question paid towards stamp fees....