V VENKATACHALAM Vs. COMMISSIONER

JUDGEMENT

(1.) The Appellant is the sole accused in C.C. No. 7 of 2002 on the file of the learned Special Judge under the Prevention of Corruption Act cum Chief Judicial Magistrate, Dharmapuri at Krishnagiri. The learned Judge has convicted the Appellant under Sections 7 and 13 (2) r/w Section 13(1)(d) of the Prevention of Corruption Act and has sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- (for each of the offences) and in default to undergo simple imprisonment for one month. Both the sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the Appellant is before this Court with this appeal.

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

(3.) On 21.11.2001, when P.W.1 had gone to the office of the accused and requested him to process the application for NOC, he demanded a sum of Rs. 1,500/- for each of the application as illegal gratification. Thus, the total amount demanded from P.W.2 on 21.11.2002 was Rs. 3,000/-. P.W.2 told the accused that he had brought only a sum of Rs. 1,500/- and he further requested the accused to complete the process. But the accused told P.W.2 that unless he pays Rs. 3,000/- as illegal gratification, nothing could be done in his favour for issuance of certificate. Again on 06.11.2001, at about 11.00 a.m., he went to the office of the accused and attempted to give Rs. 2,000/- to the accused and requested him to process the application. But the accused declined to receive the same and instead he said that he would process the applications if only P.W.2 could pay Rs. 3,000/- as demanded earlier. P.W.2 therefore, returned. He made another attempt on 30.11.2001 at about 11.00 a.m. He met the accused at his office and again told him that he had brought Rs. 2,000/-. But the accused demanded a sum of Rs. 2,750/- atleast, instead of Rs. 3,000/-. The accused declined to receive Rs. 2,000/- which P.W.2 had readily brought. Having failed in the third attempt also, P.W.2 returned home empty handed. Then he went to the office of the Vigilance and Anti Corruption at Krishnagiri on 03.12.2001 at 1 p.m., and he preferred a complaint about the above demand of illegal gratification made by the accused. Exhibit P.2 is the complaint. Based on the same, P.W.11, registered a case in Crime No. 11/AC/2001 under Section 7 of the Prevention of Corruption Act at 2 p.m. Exhibit P.28 is the F.I.R. He forwarded the complaint and the F.I.R., to the Court forthwith.