KANNAN Vs. STATE REP. BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals arise out of the conviction of the appellants under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and the appellants were sentenced to undergo rigorous imprisonment for one year.

(2.) A grocery shop under the name and style "Ambika Stores" was run by father of Sabapathy-(PW-2). On 19th October, 1994 Deputy Commercial Tax Officer (PW-4) along with accused no.1, M. Nadimuthu, who was then working as Assistant Commercial Tax Officer, inspected the grocery shop and seized the accounts book. Case of the prosecution is that PW-2 approached A-1 and asked for return of accounts book for which A-1 demanded bribe amount of Rs.2000/-. On 22nd October, 1994, PW-2 gave an application for registration and produced a challan for Rs.100/-. On 22nd November, 1994 PW-2 again went to the Office of the Deputy Commercial Tax Officers and asked A-1 to return of accounts book on which A-1 is said to have reiterated the demand for Rs.2000/-. On 30th November, 1994, PW-2 again approached A-1 who stated that the bribe amount of Rs.2000/- which was subsequently reduced to Rs.800/-, to be paid on 1st November, 1994 failing which the application for registration certificate would be rejected. On 1st November, 1994, PW-2 lodged a complaint before the Vigilance and Anti-Corruption Wing, based on which an F.I.R. was registered and trap was arranged. On the same day i.e. 1st November, 1994 PW-2 accompanied by PW-3 went to the office of A-1 where A-1 asked him whether he brought the money and when PW-2 stated that he brought the money, A-1 asked PW-2 to pay the money to A-2, Kannan, and directed A-2 to receive the money. Accordingly, PW-2 paid the bribe amount of Rs.800/- to A- PW-5 and the trap team went inside and after completion of the test with sodium carbonate solution turning red and other formalities arrested A-1 and A-

(3.) The Trial Court convicted both accused under Section 7 and Section 13(2) and Section 13(1)(d) of the Prevention of Corruption Act and sentenced them to undergo rigorous imprisonment for two years. In appeal, the High Court maintained the conviction but reduced the sentence of imprisonment to one year.