R MUTHUSAMY Vs. STATE

JUDGEMENT

(1.) THE Appellant herein is the Accused in Spl.C.C. No.7 of 2002, on the file of the Special Judge-cum-Chief Judicial Magistrate, Coimbatore and he stands convicted for the offences under Section 7 and 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act and he is sentenced to undergo one year"s rigorous imprisonment and to pay a fine of Rs.1,000/- each in default to undergo simple imprisonment for six months. Challenging the said conviction and sentence, the Appellant had preferred this Criminal Appeal.

(2.) THE case of the prosecution, in brief, is that the Accused was working as Sub-Inspector of Survey (South), Town Survey Section, Coimbatore Corporation, Coimbatore. P.W.2, Sasikumar who was running an electrical shop in Coimbatore and his paternal uncle by name Basha alias Loganathan who had a site in Survey No.417/2A at Anuparpalayam Village died intestate in the year 1997. A town survey sketch of the said site was required by the legal heirs in order to sell the property. P.W.2 submitted an Application in the South Regional office on 17.09.2001 and as he did not receive any reply against the office, the Section Clerk directed him to meet the Accused whose office was situate in the Corporation Office at Town Hall, Coimbatore. P.W.2 met the Accused on 12.10.2002 at 4.00 p.m. THE Accused demanded Rs.500/- Again he met him on 17.10.2001 and the Accused again demanded the money. Again on 29.10.2001, P.W.2 met the Accused at about 4.00 p.m and the Accused also demanded money. THEn P.W.2 went to the Vigilance and Anti-Corruption office. He gave Complaint Ex.P.2 on 30.10.2001. P.W.9, Inspector of Police received the Complaint from him and registered the case in Crime no. 4/2001/AC/CB under Section 7 of the Prevention of Corruption Act and prepared the First Information Report-ExP.14. P.W.9 arranged two independent witnesses, P.W.3-Kanagarathnam and one Sampath Kumar. P.W.9 explained to the Accused and the mahazar witnesses about the Phenolphthalein Test. THE Accused produced five currency notes of Rs.100/- denominations. Phenolphthalein powder was smeared on the currency notes and the Accused was instructed to give the amount to the Accused only on demand. P.W.3 also was instructed to accompany P.W.2. An endorsement Mahazar-Ex.P.3 was prepared. THEreafter, P.W.2 went along with P.W.3 to the office of the Accused. P.W.9 along with his party followed them. P.Ws.2 and 3 entered into the office of the Accused. THE Accused was taking to some other persons. Both P.Ws.2 and 3 were sitting on the bench. After sometime, P.W.2 went near the Accused. THE Accused demanded the bribe amount. P.W.2 produced the currency notes, but the Accused did not receive in his hands and he directed P.W.2 to put the currency in the left, side drawer of his table and opened the drawer. P.W.2 dropped the currency notes in the drawer. He came out of the office and gave the pre-arranged signal by removing his spectacles and cleaning it. P.W.9, Inspector of Police immediately rushed into the office along with his party, P.W.2 also informed P.W.9 that he dropped the cash in the table drawer. P.W.9 also enquired P.W.3. P.W.9 introduced himself to the Accused. Sodium Carbonate solution was prepared in two glass tumblers. THE Accused was directed to dip his right hand fingers and the left hand fingers in another glass tumblers. THE colour of the solution did not change. P.W.9 arrested the Accused and enquired him about, the currency notes. THE Accused took out the currency notes from the left side drawer of the table and produced. P.W.9 seized the currency notes-M.O.3 series. P.W.9 seized other relevant records and prepared the recovery mahazar-Ex. P.7.

(3.) THE Trial Court after analysing the evidence convicted and sentenced the Accused as already stated above.