Facts
The prosecution alleged that the respondent, a government surveyor, demanded and accepted ₹200 from the complainant for issuing an Akarband and Utaar Tippani relating to land in Survey No. 171, and separately demanded ₹2,500 concerning a survey report for Survey No. 208/1.
Source reference: para. 3–8Following a Lokayukta trap, he was charged under Sections 7 and 13(1)(d), read with Section 13(2), of the Prevention of Corruption Act, 1988.
Source reference: para. 3–8The trial court acquitted him, finding the prosecution evidence insufficient and giving him the benefit of doubt.
Source reference: para. 3–8The State appealed against the acquittal.
Source reference: para. 3–8Issues
Whether the State had established grounds to interfere with the trial court’s acquittal and allow the appeal
Source reference: para. 12Whether the evidence sufficiently established the alleged demand and acceptance of a bribe by the respondent
Source reference: para. 16–20Law Applied
The respondent was charged under Sections 7 and 13(1)(d), read with Section 13(2), of the Prevention of Corruption Act, 1988; the prosecution also relied on the presumption under Section 20.
Source reference: para. 3, 10In an appeal against acquittal under Section 378 of the Code of Criminal Procedure, the appellate court may reappreciate the evidence, but must respect the reinforced presumption of innocence. It should not reverse an acquittal where the trial court’s view is a reasonable one; interference is warranted where the acquittal is perverse, rests on a material misreading or omission of evidence, or where guilt is the only reasonable conclusion.
Source reference: para. 14The Court cited Constable 907 Surendra Singh v. State of Uttarakhand, (2025) 5 SCC 433; Babu Sahebgouda Rudragoudar v. State of Karnataka, (2024) 8 SCC 149; Chandrappa v. State of Karnataka, (2007) 4 SCC 415; and H.D. Sundara v. State of Karnataka, (2023) 9 SCC 581.
Source reference: para. 14Reasoning
The Court found significant gaps and inconsistencies in the prosecution case.
Source reference: para. 16–18Relevant revenue records, the alleged Forest Officer’s order, and the survey notice and report were not produced; the complaint also did not clearly state when the ₹200 demand was made, while the complainant’s evidence questioned the connection between the parties and Survey No. 171.
Source reference: para. 16–18On the trap, material witnesses gave evidence supporting the defence that the accused’s hands were washed only after he produced the money, and their accounts differed on the conversation accompanying the payment.
Source reference: para. 19; pp. 15–21These circumstances left demand and voluntary acceptance in doubt.
Source reference: para. 19; pp. 15–21The Court therefore found no legal or factual error in the trial court’s assessment and concluded that its acquittal was a possible view on the evidence.
Source reference: para. 20Holding
The Court answered the question whether grounds existed to allow the State’s appeal in the negative.
Finding no basis to disturb the trial court’s acquittal, it dismissed the appeal.
Source reference: para. 20–21Acts & Sections Cited
6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19733
Prevention of Corruption Act, 19883
Original Court PDF
STATE BY LOKAYUKTA POLICEvsSRI KOMAREGOWDA
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