GANESAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenging the conviction and sentence imposed on the appellant in Special Case No.25 of 2003 by the learned Special Judge-Cum-Chief Judicial Magistrate, Salem, dated 11.4.2007 under the Prevention of Corruption Act (hereinafter referred to as 'the Act'), the appellant has come forward with this appeal. He stands convicted for the offences under Sections 7 and 13(2) read with 13(1)(d) of the Act and sentenced to undergo rigourous imprisonment for one year for each offence and to pay a fine of Rs. 5,000/- for each offence, in default, to undergo rigourous imprisonment for three months. The sentences have been ordered to run concurrently.

(2.) The prosecution case in brief is as follows:

(3.) P.W.8, who was the then Inspector of Police attached to the Vigilance and Anti Corruption Police Station, Salem, registered a case on the said complaint in Crime No.18/AC/2002/SL under Section 7 of the Act at 10.30 a.m. on 13.8.2002. Then on a request made by him, P.W.3 and one Lakshman Das appeared before him to assist the investigation as witnesses. In the presence of the said witnesses, P.W.8 explained to P.W.2 and the witnesses about the Phenolphthalein Powder Test. In the presence of the said witnesses, P.W.2 produced a sum of Rs. 2,200/- i.e. three 500 rupee currency notes and seven 100 rupee currency notes (M.O.1 Series). Then he smeared the said currency notes with Phenolphthalein Powder. Then, he handed over the same to P.W.2 with appropriate instruction. Thereafter, P.Ws.2, 3 and other witnesses were taken by P.W.8 to the office of the appellant. For all the above, appropriate Mahazars were also prepared. At about 1.20 p.m., P.Ws.2 and 3 alone went into the office of the accused. When P.Ws.1 and 2 appeared before the accused, the accused enquired P.W.2 as to whether he had brought the money for legal charges. P.W.2 in turn handed over all the four applications alone to the accused. When the accused made necessary entries in the Registers and wanted P.W.2 to pay the amount towards the legal charges, he also handed over all the four applications to P.W.2. Accordingly, P.W.2 paid Rs. 6,200/- towards legal charges for four service connections and received necessary receipts for the same. Then P.Ws.2 and 3 returned to the accused and handed over all the four applications along with the receipts. At that time, the accused asked him as to whether he had brought the demanded amount. Immediately, P.W.2 took out Rs. 2,200/- (Phenolphthalein smeared notes) from his pocket M.O.1 series and gave the same to the accused. Then the accused told P.W.2 that the electricity service connection would be given on the same day itself. Then he instructed the accused to give Rs. 200/- to the persons, who will come to the spot to give electricity service connection. Then P.W.2 and P.W.3 came out of the office and gave signal to P.W.8.