SOUNDARAJAN Vs. STATE

JUDGEMENT

(1.) FACTS: The appellant was convicted for the offences punishable under Sec. 7 and Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). The appellant was sentenced to undergo imprisonment for one year and to pay a fine of Rs.2,000.00. High Court, by the impugned judgment, has confirmed the conviction and sentence of the appellant.

(2.) The appellant was holding the post of Sub-Registrar at Kannivadi, Dindigul District, Tamil Nadu. The complainant M. Sundaramoorthy (PW-2), had purchased land measuring 16.05 cents. Accordingly, on 12/7/2004, sale deed was presented before the appellant who was the Sub-Registrar in the concerned office. The complainant and his vendors were present. According to the case made out by the complainant in his complaint, apart from getting the sale deed typed on a stamp paper of Rs.880.00, he paid a sum of Rs.190.00 towards the registration charges of the sale deed. A receipt for the said amount was issued by the appellant. On 16/7/2004, when the complainant visited the appellant's office, he was informed to bring FMB Sketch from the concerned Government office. According to the complainant, on 31/7/2004, the said sketch was produced by him. After the sketch was produced, the appellant informed him that he would have to make a site visit. Accordingly, the complainant arranged for transport for the appellant to enable him to make a site visit. After noticing trees on the land, the appellant instructed the complainant to get a TOPO Sketch from the concerned office to show that the land subject matter of sale was cultivable.

(3.) Based on the complaint, a trap was laid on 12/8/2004, which was unsuccessful. According to the prosecution case, the trap was again laid on 13/8/2004. It was successful, and in the presence of the shadow witness Michael (PW-3), the appellant was caught redhanded while accepting the bribe.