MOHANACHANDRAN N.K. Vs. CBI/SPE

JUDGEMENT

(1.) The accused in C.C.No.16/2003 of the Special Judge, (CBI/SPE) II Ernakulam, who stands convicted for offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, is the appellant herein.

(2.) According to the prosecution, the accused was a Lower Division Clerk in the Passport Office, Thiruvananthapuram, during the period from October 1994 to June 2003. He was engaged in counter No.1 for sale of passport application forms. The de facto complainant was in urgent need of a passport to travel abroad for seeking job. He was informed by another person that the accused will be able to help him to procure the passport urgently. Accordingly, he met the accused on 12.06.2003 at his residence. He was informed by the accused to apply along with copies of SSLC Book, Ration Card, Passport size photographs and Rs. 1,000/- as the application fee. He assured to procure the passport immediately and demanded a bribe of Rs. 500/-. De facto complainant was not willing to pay the bribe. However, he negotiated with the accused, who agreed to receive Rs. 200/- initially on condition that the balance of Rs. 300/- should be paid after the passport was received. Complainant was directed to meet the accused on 16.06.2003 at 7.00 p.m.

(3.) De facto complainant who was not willing to pay the bribe, immediately complained to the Inspector of CBI, Thiruvananthapuram. After conducting initial formalities, the CBI Inspector decided to lay a trap. Accordingly, arrangements were made and the de facto complainant was handed over two 500 rupees notes and two 100 rupees notes, all smeared with phenolphthalein. All the four currency notes totalling to Rs. 1,200/- were kept in the pocket of the de facto complainant. The de facto complainant along with PW2 went to the residence of the accused on 16.06.2003 at 7.15 p.m. CBI party waited outside. De facto complainant went inside and after completion of initial formalities, handed over the cash. It was counted by the accused and kept on the table. After getting out from the house, the de facto complainant signalled to the Inspector of CBI, who along with the remaining party rushed to the house, identified themselves and intercepted the accused. He admitted having received the bribe. Cash was recovered from inside the house and his fingers were dipped in the lime water. After establishing the phenolphthalein test, accused was arrested. Crime was registered and the accused was produced before the court. After investigation, final report was laid in R.C.No.14(A) of 2003, for offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The allegation was that the accused misused his official position and had obtained pecuniary advantage.