R SELVARAJ Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal arises out of the judgment of conviction and sentence, dated 22.02.2008, made in Spl. C.C.No.1 of 2004, on the file of the learned Special Judge for V and AC Cases, Nilgiris, whereby the accused was convicted for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced him to undergo two years rigorous imprisonment and imposed a fine of Rs.2,000/- in default in payment to undergo three months simple imprisonment for each offences. The appellant/accused shall run the sentence concurrently.

(2.) The respondent has filed a charge sheet against the appellant/accused stating that the appellant was working as a Forest Guard, Forest Range Office, Aracod beat, Sholurmattam, Kottagiri Taluk, The Nilgiris, during the year 2003 and that the accused demanded Rs.6,000/- for releasing the goats of the defacto complainant and later the amount was reduced to Rs.2,000/- and when he was receiving Rs.2,000/- from the defacto complainant for releasing his impounded goats, thereby the accused committed the offences punishable under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

(3.) The case of the prosecution on the basis of the witness is as follows: