D BALASUBRAMANIAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THESE Criminal Appeals are filed by A1 and A2 in CC.No.1/2007 against the judgement dated 11.01.2008 passed by the learned II Additional District Judge, Special Court for CBI Cases, Coimbatore, thereby (a) convicting and sentencing each of the appellants/A1 and A2 for the offence under Section 120B of IPC read with Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/- each, in default to undergo Rigorous Imprisonment for six months, (b) convicting and sentencing each of the appellants/A1 and A2 for the offence under Section 7 of the Prevention of Corruption Act, 1988 to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/- each, in default to undergo Rigorous Imprisonment for six months and (c) convicting and sentencing each of the appellants/A1 and A2 for the offence under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.500/- each, in default to undergo Rigorous Imprisonment for six months and ordering the sentences to run concurrently.

(2.) THE case of the Prosecution was that the Appellant/A1 was working as a Head Constable in the Railway Protection Force, Erode and the Appellant/A2 was working as a Constable in the said Force. One Ravi, the complainant herein was arrested by RPF, Erode on 26.08.2006 on the allegation of unlawful possession of Railway property at his business premises and was remanded to judicial custody in Cr.No.9/2006. He was released on bail on 02.09.2006 on condition that he should sign at RPF Police Station on every Monday, Wednesday and Friday at 10.00 a.m. He proposed to file nomination for contesting the local body election and for that purpose, he wanted to get some particulars. On 25.09.2006, he requested the Appellant/A1 D.Balasubramanian to provide a copy of the First Information Report registered against him by RPF, Erode and A1 demanded a bribe amount of Rs.500/- and asked him to bring the bribe money on the next day, that is, on 26.09.2006. Since the complainant/ PW.3 did not want to pay the bribe amount, he lodged a written complaint Ex.P3 against A1 to CBI. As per the orders of Superintendent of Police, Chennai, a trap was laid by PW.8, Inspector of Police CBI/ACB, Chennai. PW.4, Karthikeyan, the Inspector of Central Excise and K.R.Manoharan were summoned. He introduced them to PW.3 and asked them to read the report Ex.P3. THEreafter, PW.8 demonstrated the phenolphthalein test, after noting down the numbers of the currency notes in the Mahazar Ex.P4. THE tainted currency notes are MO.13 (Series). PW.8 asked PW.4 Karthikeyan to go in advance and watch the conversation between A1 and PW.3 and accordingly, he left to RPF Police Post. He also instructed PW.3 not to touch the money, unless it was demanded. PW.3 left in his TVS Excel Moped. PW.8 and his team followed PW.3 in a Car.

(3.) PW.8, then, took him to the office of the Inspector, RPF located at the other end of the Verandah and PW.8 conducted phenolphthalein test in respect of the fingers of left and right hand of A2, his left side shirt pocket and a paper tea cup. The respective solutions turned pink and proved positive. The currency notes were received for phenolphthalein test and the said test proved positive. PW.8 then received RPF identity card.