IN RE: R. DHASAN (ACCUSED) Vs. STATE

JUDGEMENT

(1.) THIS appeal by the accused, convicted by the Chief Judicial Magistrate(Special Judge), Kanyakumari at Nagercoil in C.C. No. 5 of 1985, for offences under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1987 (Act 3 of 1947) and Section 161L, I.P.C. and sentenced to undergo rigorous imprisonment for a period of one year for the former offence without any separate sentence for the latter, challenges the conviction and sentence.

(2.) THE gravamen of the charge on which the conviction were rendered was that on 12.7.1984 the Appellant employed as a Village Administrative Officer in Keezhkulam village and being a public servant in such capacity, by illegal means, abusing this position as a public servant, obtained for himself a sum of Rs. 10/ - for issuing a community certificate and income certificate to P.W.1, Masilamani.

(3.) LEARNED Public Prosecutor also would refer to the above provisions of law and submit that the two Government Orders would apply to the present case.