G KALIYAPERUMAL Vs. STATE

JUDGEMENT

(1.) THE petitioner is the sole accused in Special C.C. No. 1 of 1996 on the file of the Additional Sessions Judge, Pondicherry at Karaikal. By judgment dated 29.12.2006, the learned Judge convicted the appellant under Section 7 of the Prevention of Corruption Act, 1988 and imposed a sentence to undergo simple imprisonment for six months and to pay a fine of Rs.3500/-, in default, to undergo simple imprisonment for one month. Challenging the same, the appellant is before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows: During the year 1993, the appellant was the Assistant Engineer at the Municipal Office, Karaikal. On 5.11.1993, it is alleged that the appellant received a sum of Rs.3,500/- as gratification other than legal remuneration from P. W. 1, Arumugham, for having rendered service in connection with the construction of drainage at north and south of Tirunallar, Karaikal, by the father of said Arumugam and also for doing further contract work as official act in the exercise of official functions.

(3.) BASED on the said materials, the trial Court framed a charge under Section 7 of the Prevention of Corruption Act alone. It could be noticed that no charge under Section 13(2) of the Act was framed at all. The appellant denied the said charge. Therefore, he was put on trial.