Rs 1k bribe lands rtd accountant behind bars

NT Correspondent

Bengaluru: A village accountant who was found guilty of receiving a bribe of Rs 1,000 in the year 2005 has been handed a sentence of one year’s imprisonment. The High Court of Karnataka recently upheld his conviction but reduced his sentence considering that he had retired in 2007 and was 73 years old now.

NP Nagesha had approached the High Court with an appeal which was heard by Justice K Natarajan. The village accountant from Varuna hobli, Mysuru, had been charged with demanding a bribe of Rs1,000 in 2005 from a woman named Rekha.

The woman’s father had gifted her 1.3 guntas of land in Kiralu village and was trying to get the khatha documents in her name.

Rekha’s husband Lokesh complained about this to the Lokayukta who laid a trap for Nagesha. Though he was caught with the bribe money, Nagesha claimed that he had taken it as a loan from Lokesh.

The Principal District and Sessions Court in its judgement of conviction and sentence in May 2011 found Nagesha guilty. Nagesha was sentenced to imprisonment of one year with a fine of Rs 5,000 under Section 7 of the Prevention of Corruption Act.

He was also sentenced to three years imprisonment and a fine of Rs 20,000 under Section 13(1) (d) read with Section 13(2) of the same Act. Nagesha challenged this before the HC in 2011.

Guilty but reduced sentence The HC in its judgement noted that “In my considered view, the prosecution proved beyond reasonable doubt regarding demand, acceptance and pendency of work with the appellant-accused and therefore, he has committed the offence of demanding bribe and misconduct punishable under PC Act. Therefore, in my considered opinion, the findings of the trial Court in respect of the guilt of the appellant-accused does not call for interference by this Court.”

However the senior advocate representing Nagesha pointed out that he was currently 73 years of age and had retired way back in 2007 itself, even before the trial court had found him guilty in 2011.

The HC said, “As per the unamended PC Act, the minimum sentence prescribed for the offence punishable under Section 7 of the PC Act is six months and one year for the offence punishable under Section 13(2) of the PC Act.

Looking at the age of the accused and the amount of bribe was Rs 1,000/- Hence, I am of the view that the sentence awarded by the trial Court is little disproportionate to the offence committed by the appellant." (CRLA 578/2011)