S KUMAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made in this appeal to the judgment dated 30.12.2004, and made in C.C. No. 73 of 2001, on the file of the learned Additional Special Judge, for CBI Cases, Chennai convicting the Appellant under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to suffer one year of rigorous imprisonment for each count and to pay a fine of Rs. 2,500/- for each count in default to suffer two months of rigorous imprisonment for each count.

(2.) There are two accused in C.C. No. 73 of 2001, on the file of the learned Additional Special Judge, for CBI Cases, Chennai. The Appellant herein is the first accused, whereas one T.N. Venkatraman is the second accused. The Appellant was employed as Lineman in Keelkattalai (External) Telephones and the second accused T.N. Venkatraman was employed as Telephone Technical Assistant in the same office.

(3.) That on 19.10.2001 P.W.9 Mr. P.K. Nair, Inspector of Police, attached to CBI/ACB, Chennai had laid a final report against the Appellant S. Kumar and the second accused T.N. Venkatraman before the Court of Additional Special Judge for CBI Cases, Chennai, alleging that the Appellant (A1) being public servant employed as Lineman in Keelkattalai (External) had demanded and accepted a sum of Rs. 700/- from the complainant (P.W.5) as gratification other than the legal remuneration as a motive or award for installation of the telephone instrument and transfer at the residence of the complainant Dr. Laxman Marvarkar (P.W.5) for which it is alleged that the second accused T.N. Venkatraman had abetted the Appellant (A1) for the commission of the above said offence and therefore the Appellant was charged under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, whereas the second accused T.N. Venkatraman was charged under Sections 109 I.P.C. and 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.