B. VASUDEVAN Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Spl.C.C.No.14 of 2010 on the file of the learned Special Judge for C.B.I. Cases, Puducherry. He stood charged for offences under Ss. 7 and 13(2) r/w Sec. 13(1)(d) of Prevention of Corruption Act (hereinafter referred to as the 'Act'). By judgment dtd. 29/6/2016, the trial Court convicted him under Ss. 7 of the Act and sentenced him to undergo rigorous imprisonment for 3 years and pay a fine of Rs.10,000.00 in default to undergo rigorous imprisonment for 6 months, further convicted him under Sec. 13(2) r/w Sec. 13(1)(d) of the Act and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for 6 months and further ordered that both the sentence shall run concurrently. Challenging the said conviction and sentence, the present appeal has been filed.

(2.) The case of the prosecution in brief is as follows:

(3.) Mr.M.S.Govindarajan, learned counsel appearing for the appellant would contend that, the prosecution miserably failed to prove the demand of bribe money by the appellant and in the absence of any proof for demand, mere recovery of money from the appellant cannot be a ground for convicting the appellant for the offence under Sec. 7 of the Act and consequently the offence under Sec. 13(2) r/w 13(1)(d) of the Act is also not maintainable.