STATE OF TAMIL NADU Vs. A PARTHIBAN

JUDGEMENT

(1.) The State of Tamil Nadu is in appeal questioning correctness of the decision rendered by a learned Single Judge of the Madras High Court holding that the trial Court was not justified in convicting the respondent in terms of Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the Act).

(2.) A brief reference to the factual aspects would suffice:

(3.) The respondent was convicted for offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. He was sentenced to undergo RI for six months and to pay a fine of Rs.500/- with default stipulation for the earlier offence and RI for one year and to pay a fine of Rs.1,000/- with default stipulation for the latter offence. The conviction was recorded and sentence imposed by learned Chief Judicial Magistrate and Special Judge Pudukottai. The said judgment in Special Case No.4 of 1991 was challenged before the Madras High Court which by the judgment dated 28.3.2002 in Criminal Appeal No.659 of 1994 held that the conviction under Section 13(2) read with Section 13(1)(d) of the Act was not maintainable and was accordingly set aside. However, the conviction for offence under Section 7 of the Act was confirmed. The High Court held that for a single act it would not be proper to convict the accused under both the sections. Accordingly, the sentence and conviction in terms of Section 13(2) read with Section 13(1)(d) of the Act was set aside. Provisions of Section 360 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) were applied and the respondent was directed to be released on probation.