LAWS(SC)-2009-3-258

P. SUBRAMANIAN Vs. STATE OF TAMIL NADU

Decided On March 19, 2009
P. SUBRAMANIAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The appellant, along with accused K.A. Dhandayuthapani, was convicted by the Trial Court under Sec. 7 of the Prevention of Corruption Act, 1988 [hereinafter referred to as "the Act"] and each one of them was sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 500.00 each; in default, to undergo further imprisonment for a period of one month. They were further convicted under Sec. 13(1)(d) read with Sec. 13(2) of the Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500.00 each; in default, to undergo further imprisonment for a period of two months. Both the sentences were, however, ordered to run concurrently. On appeal being preferred, the High Court acquitted accused K.A. Dhandayuthapani of both the charges. So far as the appellant is concerned, he was acquitted of the charge under Sec. 13(1)(d) read with Sec. 13(2) of the Act but his conviction under Sec. 7 of the Act has been upheld. Hence, this appeal by special leave.

(2.) Having heard learned counsel appearing on behalf of the parties and perused the records, we are of the view that the Trial Court and the High Court have convicted the appellant under Sec. 7 of the Act upon threadbare discussion of evidence and no interference by this Court is called for.

(3.) The criminal appeal, accordingly, fails and the same is dismissed.