(1.) This is a State appeal assailing the acquittal of the respondent/accused Subramanian, who was working as the Divisional Commercial Superintendent in Southern Railway, Palghat, from the graft charge.
(2.) The respondent/accused was tried by the Special Court for the offences under Sections 161 and 165, I.P.C. and under Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947.
(3.) The gravamen of the charge is that the accused being a Senior Officer in Railway, demanded illegal gratification of Video Cassette Recorder from Jothimani (P.W. 1), who was working as Catering Inspector at Coimbatore on 24-11-1987 and 9-12-1987 for helping him to get lesser punishment without losing monetary benefit in the departmental enquiry initiated against him for his unauthorised absence from duty and in pursuance of the said demand, he received the VCR along with the bill from P.W. 1 on 10-12-1987.