J.SULOCHANA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence in CC No.13/2003 of the Enquiry Commissioner and Special Judge, Thiruvananathapuram for offences punishable under sections 7, 13(2) read with section 13 (1)(d) of the Prevention of Corruption Act . The sole accused was the original appellant.

(2.) The prosecution case was that the accused was the village officer of Manambur village in Thiruvananthapuram District, during the period 2000. The husband of PW3, the defacto complainant, had filed an application for financial assistance before the Social Welfare Department. The applicant was informed that he has to produce certain documents along with income certificate. Thereupon the application was submitted to the village officer by PW3. Village officer verified the application, returned the same to her asking her to come on the next day. The next day i.e. on 19/6/2000, PW3 went to the village office again and met the village officer. The village officer again verified the application and returned it to her asking her to come on the next day at 4.30 p.m.. It was repeated on the next day. On that day, the village officer received the application and asked and directed PW3 to come on 22/6/2000 with Rs.100/-. She promised to give certificate in case the above amount was paid. PW3 thereupon went to the vigilance office and complained to the DYSP on 22/6/2000. Her statement was recorded as Ext.P5 by PW8, the DYSP. Ext.P6 FIR was registered. The Police had procured the presence of an independent witness on that day. Phenolphthalein test was demonstrated to the complainant and to the independent witness. A hundred rupee note handed over by PW3 was treated with phenolphthalein and kept in her purse. She was directed to handover the above currency note when the demand was made and to pass on a signal to other members of the party. They proceeded to the village office. PW1 and PW4 accompanied PW3 into the office room of the village office. DYSP and party awaited outside the compound. Another officer was stationed near the gate to pass on the signal.

(3.) According to the prosecution allegation, the accused asked PW3 whether she had brought the money as directed. On affirming it, she handed over the hundred Rupee note, smeared with phenolophthalein powder. It was received by the village officer who put it in her drawer and took out the certificate from the drawer. PW4 intercepted the accused and the DYSP introduced himself and thereupon phenolphthalein test was successfully conducted. Post trap mahazar was prepared. MO2 cash was received and on completion of post trap formalities, accused was arrested. Investigation was thereafter continued by PW8. Ext.P16 report was submitted by him adding section 13 (2) read with section 13 (1) (d). PW7, the DYSP, verified the records. Sanction was granted by PW6, the superior officer and thereafter charge was laid by PW7.