A. BASKARAN Vs. STATE REPRESENTED BY DEPUTY SUPERINTENDENT

JUDGEMENT

(1.) THE sole accused in Special Case No.7 of 2003 on the file of the Special Judge under the Prevention of Corruption Act 1988 (Chief Judicial Magistrate), Nagercoil is the appellant in this appeal and he has preferred this Criminal Appeal challenging the conviction and sentence imposed on him by the judgement of the trial court dated 23.10.2007. For the sake of convenience, the appellant will be referred to as accused.

(2.) THE learned Special Judge under the Prevention of Corruption Act 1988 (Chief Judicial Magistrate), Nagercoil framed charges under Sections 7 and 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act 1988 against the accused and after trial, found him guilty of the said offences, convicted him and sentenced him to undergo Rigorous Imprisonment for a period of 5 years and to pay a fine of Rs.10,000.00 with a direction to undergo default sentence of rigorous imprisonment for a further period of one year in case of default in payment of fine in respect of each one of the offences. The learned trial Judge has directed the sentences to run concurrently. The said judgement of the trial Court dated 23.10.2007 is challenged in this appeal by the accused regarding the conviction as well as sentence.

(3.) AFTER the execution of the trap was over, information was given to PW16 through Maluk Mudali, the Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Nagercoil. On receipt of such information from PW14, PW16 came there at 9-00 p.m, took up the investigation of the case and arrested the accused at 9.10 p.m. During investigation PW16 prepared Ex.P6-observation mahazar and conducted a house search under the search list-Ex.P7, after despatching an advance intimation to the trial court under Ex.P31. But no incriminating material could be seized. PW16 also prepared Ex.P6 observation mahazaar in the presence of witness and Ex.P32 rough sketch. Thereafter PW16 altered the case by adding Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act. PW16 continued the investigation, examined the witnesses and recorded their statements and recovered material objects. After completion of investigation he submitted the file to PW-1, got his order sanctioning prosecution and after the receipt of sanction order Ex.P1 for prosecution from PW1, submitted a final report alleging commission of offences punishable under Sections 7 and 13(1)(d) and read with Section 13(2) of the Prevention of Corruption Act 1988 by the accused.