P MEGANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellant is the sole accused in C.C. No. 2 of 1999 on the file of III Additional Sessions Judge, Chennai. By judgment dated 22.04.2003, the learned Judge convicted the Appellant under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 7 of the Act and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for three months for the offence under Section 13(2) r/w 13(1)(d) of the Act. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the Appellant has come forward with this appeal.

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

(3.) Based on the above materials, the trial Court framed charges under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. Since the accused denied the charges, he was put on trial. During trial, as many as 12 witnesses were examined and 22 documents were exhibited. When the incriminating evidences were put to the accused under Section 313 Code of Criminal Procedure he denied the same. In his statement made under Section 313 Code of Criminal Procedure he explained that P.W.2 was an L.I.C. Agent and he was in the habit of borrowing money from the accused. In such a way, P.W.2 was to pay a sum of Rs. 2,000/- to the accused. He has further stated that P.W.2 assured to repay the same to him. According to him, it was only the said money which was paid by P.W.2 to him. Therefore, his case is that he never demanded any amount as illegal gratification and the money received by him during trap proceedings was only the loan amount which was due from P.W.2. He would further submit that the shop in which P.W.2 was working was not under the jurisdiction of the accused and therefore there would have been no occasion at all for the accused either to take action against P.W.2 or to make any demand for illegal gratification. On his side Ex.D1 showing the criminal case in which P.W.2 is an accused has been exhibited.