D PUGAZHENDHI Vs. STATE

JUDGEMENT

(1.) THE Appellant, who is the sole accused in CC.No.39/2009, has filed this Criminal Appeal against the judgement dated 19.07.2011 passed by the learned XII Additional Special Judge for CBI Cases, City Civil court, Chennai, convicting and sentencing him for the offence under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 to undergo two years Rigorous Imprisonment for each offence and to pay a fine of Rs.10,000/- for each offence, in default to undergo to undergo three months Rigorous Imprisonment and ordering the sentences to run concurrently.

(2.) THE case of the Prosecution is as follows:- a. PW.2 L.P.Shanumugasundaram is an Advocate, practising at High Court Premises, Chennai dealing with the cases of motor accidents and other cases and PW.5 V.P.Balaji is his Junior Advocate. A case in MCOP.NO.71/2006 was filed, claiming compensation on behalf of one Mayakrishnan before the Court of Small Causes, Chennai and the said case was settled in the Lok Adalat for a sum of Rs.3,25,000/- on 25.4.2009 and an award was also passed to that effect. THE United India Insurance Co. Limited was directed to deposit the award amount within a period of eight weeks from the date of receipt of a copy of the said order. On nearing completion of eight weeks, since the amount was not deposited, PW.2 contacted the accused, who was the Divisional Manager, United India Insurance Co. Limited, Saligramam, through his mobile phone on 11.06.2009, to which the Appellant/accused asked him to come and contact him in person. THErefore, he sent his junior PW.5 on 12.6.2009, who met the Appellant in his Office at Saligramam and enquired about the deposit of the award amount. Since the accused had asked his senior to come in person, the same was intimated to PW.2 by PW.5 over phone. THEreafter, on 13.6.2009, PW.2 after attending the cases in the Lok Adalat, he contacted the accused through his mobile phone and enquired about the issuance of cheque for the award amount to Mayakrishnan. THE accused replied that at least 1% of the award amount is spent, the cheque would not be made ready and further asked him to come and contact him in person. Again on 15.6.2009, at about 4.00 p.m., PW.2 contacted the accused through mobile phone of his senior colleague one Lobamuthira and the accused asked him to come and meet him in person. THEreafter, on the same day, he went and met the accused and at that time, the accused demanded a sum of Rs.3000/- as bribe amount to obtain the cheque and on payment of such amount, he would deposit the cheque in the court. PW.2 contacted his client Mayakrishnan and apprised him of the fact, but Mayakrishnan was not willing to pay any bribe amount and therefore, requested PW.2 to take any action, for which he would agree. b. On 16.6.2009, after finishing all the cases, PW.2 went to CBI Office at Shastri Bhavan at about 2.30 p.m. and gave a written complaint Ex.P3 to the Superintendent of Police, CBI Chennai. At about 2.45 p.m. the Superintendent of Police called PW.4 R.Purushotham, the Inspector of Police, CBI, Chennai and introduced him to PW.2. THE Superintendent of Police handed over the complaint to the Inspector for verification and Registration of the case, who in turn caused verification of the complaint and after satisfying himself registered a First Information Report in RC.No.34/A/2009 at about 3.15 p.m. Ex.P11. He made arrangements for two independent witnesses, namely, Jagadesh Prasad, Manager, Vijaya Bank and PW.3 Rengaraj, Inspector of Central Excise. THEy were summoned to the CBI Office and they were given a copy of the complaint. PW.4 asked PW.2 to produce the bribe amount and PW.2 gave Rs.3000/-, two currency notes of Rs.1000/- denomination and two currency notes of Rs.500/- denomination. THE numbers of the said notes were noted down in the First Mediation Report Ex.P4. THEreafter, PW.4 demonstrated the phenolphthalein test and also explained the significance of the test to PW.2 and the other witnesses PW.3 Rengaraj and Jagadesh Prasad. THE currency notes were kept in the left hand side shirt pocket of the complainant. PW.4 instructed PW.2 not to touch the currency notes, until the accused demanded it and he also instructed PW.3 to accompany the complainant PW.2 and to listen the conversation between PW.2 and the accused and to watch the happenings. c. Before leaving the CBI Office, as per the instructions, PW.4 and PW.2 called the accused from his mobile phone by putting speaker on, so as to enable the others to hear the conversation between PW.2 and the accused, where the accused informed him to come to his office on that day itself. All the proceedings were recorded in Ex.P4 and it was concluded at 4.15 p.m. d. THEreafter, PW.2, PW.3 and the other independent witnesses, PW.4 proceeded to the Branch Office of the said Insurance Company at Saligramam in PW.2' s Car and the other members followed in their own office vehicle and they reached the Office of the accused at 5.30 p.m. As soon as they entered into the cabin of the accused, PW.2 introduced PW.3 as his clerk to the accused. THE accused asked them to be seated in the seats in front of him and told PW.2 that he had verified the file and if he pays Rs.3000/- as bribe amount, he will deposit the cheque on the next day. PW.2 told the accused that he will pay the amount on that day itself and asked the accused to deposit the cheque on that day itself, but, the accused told PW.2 that the cheque would be ready only on the next day and asked PW.2 to collect the cheque through him or through his clerk and deposit the same into the court and bring the acknowledgment. THEn, PW.2 took the bribe amount from his left hand side shirt pocket and handed over the same to the accused, who, after receiving the same with right hand, kept it in his right pant pocket. PW.2 and PW.3 came out and PW.2 gave the pre-arranged signal by removing his spectacle and the accused also followed them and came out of the cabin. On seeing the pre-arranged signal, PW.4 and other team members rushed to the cabin of the accused and PW.2 identified the accused to PW.4, the Inspector of Police, who asked the accused to come into the cabin of the accused. PW.2 and PW.3 remained outside the cabin. PW.4 introduced himself as the CBI Officer. Immediately, the accused fell on the feet of PW.4 and asked him to excuse him and he will not receive any bribe amount in future and he also pleaded that he is having a family. Further, he took the money from his right pant pocket and kept it on the table. e. As per the instructions of PW.4, sodium carbonate solution was prepared and accused was asked to dip his right hand fingers in the said solution and the solution turned into pink in colour, which was collected in a bottle, sealed, labeled and marked as 'A', which is MO.1. Another solution was prepared and the accused was asked to dip his left hand fingers, which also turned into pink in colour and the said solution was collected in a bottle, sealed, labeled and marked as 'B', which is MO.2. One of the independent witnesses, Jagadesh Prasad compared the numbers of the currency notes with that of the numbers entered in the First Mediation Report Ex.P4, which tallied. THEn, the accused was provided with a lungi and he handed over his pant to the Officers, which was also subjected to phenolphthalein test and his right side pant pocket was subjected to sodium carbonate solution test and it also proved positive. This solution was transferred into a bottle, sealed, labeled and marked as 'C" marked as MO.3 THE seized currency notes were marked as MO.4. THE pant was seized, labeled and marked as MO.5. PW.4 arrested the accused at about 7.30 p.m. and a search was conducted at the office premises of the accused and Ex.P7 search list was prepared. He also drew Ex.P8 and Ex.P9 sketches of trap spot and took specimen impression of the brass seal used for sealing the MOs in a separate white sheet, which was marked as Ex.P10. THE entire happenings at the Insurance Company at Saligaramam were recorded in Ex.P5 Second Mediation Report, which was concluded at 9.45 p.m. f. After the accused was remanded to judicial custody, the case was handed over to Kumaresan, Inspector of Police, CBI, Chennai for further investigation as per the orders of the Superintendent of Police. A memo was filed on 12.09.209 before the Principal Special Judge for CBI cases, Chennai to permit PW.8, Vijaya Vaishnavi, Sub Inspector of Police, CBI/ACB/Chennai to investigate the case further. THEn, the case was transferred to PW.8 for further investigation. As per the orders passed by the Principal Special Judge for CBI Cases, Chennai dated 15.07.2010, PW.8 examined Jagadesh Prasad and others witnesses. In the mean while, the material objects were sent to the forensic department for chemical test. On receipt of Ex.P21 chemical analysis reports and after completing investigation, PW.8 sent the entire file to the Superintendent of Police and forwarded the same to the competent authority for obtaining sanction for prosecution of the accused. g. PW.1 M.Elango, who was working as Deputy General Manager in the Regional Office, UIIC Limited, Chennai, was the competent authority for initiating disciplinary action against the persons working as Divisional Manager in the Office of UIIC Limited and he accorded sanction Ex.P1. PW.8, after completing investigation, filed the charge sheet against the accused under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act on 13.11.2009 before the Principal Special Judge for CBI Cases, Chennai.

(3.) ON the side of the defence, one Nithya Ranjani, who was working as the Administrative Officer, UIIC Limited, Divisional Office 26, Saligramam, Chennai was examined as DW.1 and the accused examined himself as DW.1 and Ex.D1 was marked.