R. SETHU AND ORS. Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Madras, Bench at Madurai in Criminal Appeal Nos. 1107 and 1108 of 1998, dated 17.06.2008, whereby the High Court has confirmed the order of conviction and sentence passed by the Trial Court. The brief facts are: Appellants Nos. 1 and 2 were working as the Sub-Registrar and as Assistant respectively in the Sub-Registrar's Office at Shivagiri. The complainant (PW-2) had approached the Appellants for the issuance of an encumbrance certificate. The Appellants demanded a sum of Rs. 50/- each as illegal gratification in return for issuing the said certificate and PW-2, after an initial refusal, agreed to the same.

(2.) On 28.04.1993, PW-2 approached the Palayamkotti Anticorruption Department and filed a complaint which was duly registered as Crime No. 2/1993. Pre-trap proceedings including the smearing of currency notes produced by PW-1 with phenolphthalein powder were completed. Subsequently, PW-2, together with an independent witness (PW-3), went to the Appellants' office and on the same being demanded, handed over the said currency notes to the Appellants. On PW-2's signal, the trap team entered the first Appellant's office and seized the said currency notes and sodium carbonate test was conducted on which both Appellants tested positive.

(3.) The charge sheet against the Appellants was filed before the Trial Court and the charges Under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") were framed against them for which the Appellants pleaded not guilty. Consequently, the case was committed to trial.