DHANDAPANI Vs. STATE

JUDGEMENT

(1.) DHANDAPANI, the appellant herein, former Assistant Public Prosecutor, Grade II, attached to Judicial Second Class Magistrate Court, Tiruvannamalai, was convicted for the offences under Sec. 161, I.P.C. and Sec.5(1)(d) read with 5(2) of the Prevention of Corruption Act and sentenced to undergo R.I for one year and to pay a fine of Rs.200 in default to undergo R.I for one month. Challenging the same, this appeal has been filed by the appellant.

(2.) THE facts leading to the conviction are as follows:

(3.) THERE is no dispute in the fact that on the complaint of Bethu Naidu (P.W.1), P.W.5 Sukumaran, the Sub Inspector of Police, Keezh Pennathur registered the case against one Govindaraj for the offence under Sec 325, I.P.C. and the same was charge sheeted on 2.6.1986 and taken on the file on 16.6.1986 in C.C.No.336 of 1986 in Judicial Second Class Magistrate Court, Tiruvaanamalai. It is not in dispute that the accused, Assistant Public Prosecutor was in charge of this case. The summons had been issued to Bethu Naidu (P.W.1), Rajammal (P.W.4), his wife and one Vajjirammal, the daughter of P.W.1 asking them to come and appear before the Court to give evidence on 16.7.1986. On that day, all these witnesses were present. Since the Magistrate was on leave, the case was adjourned to 18.8.1986. On that day, the accused demanded money of Rs.200 from P.W.1 for conducting the case in a proper manner. P.W.1 expressed his inability. At that time, P.W.2 Gangan was also present.