N.VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) The sole accused in Special Calendar Case No.49 of 2011 on the file of Special Court for Trial of Prevention of Corruption Act Cases, Madurai, has filed these appeals, aggrieved by the conviction recorded vide judgment dated 28.08.2020 and 22.09.2020 and sentence imposed vide order dated 15.09.2020 and 29.09.2020 by the Madurai Bench of the Madras High Court under Sections 7 and 13(2)read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the Act').

(3.) The appellant-accused was working as Sanitary Inspector in 8th Ward of Madurai Municipal Corporation. He was chargesheeted for the offence under Sections 7, 13(2) read with 13(1)(d) of the Act alleging that he demanded an amount of Rs.500/- and a cell phone as illegal gratification from PW-2 (Thiru. D. Gopal), who was working as Supervisor in a Voluntary Service Organisation called Neat And Clean Service Squad (NACSS), which was given sanitation work on contract basis in Ward No.8 of Madurai Corporation. It was the case of the prosecution that to send his report for extension of work beyond the period of March 2003, when PW-2 has approached him on 09th and 10th of October 2003, such a demand was made, as such appellant being a public servant demanded and accepted illegal gratification on 10th of October 2003 as a motive or reward to do an official act in exercise of his official function and thereby he has committed misconduct which is punishable under Sections 7, 13(2) and 13(1)(d) of the Act. On denial of charge, charges were framed against him for the aforesaid offences and he has pleaded not guilty. Therefore, he was tried before the Special Court for the aforesaid alleged offences. During the trial, on prosecution side, 12 witnesses were examined, i.e. PW-1 to PW-12; and 17 exhibits - Ex.P1 to P. 17 and M.O.1 to M.O.4. have been marked. No defence witness was examined and Ex.D1 to D3 were marked during the cross-examination of PW-6.