M R P CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) THE appelant in this case has been convicted of an offence punishable under section 5 (2) of the Prevention of Corruption Act and has been sentenced to rigorous imprisonment for three months and to a fine of Rs. 100 by the learned Special Judge and Chief Judicial Magistrate, Tirunelveli. (Though a charge under section 161, Indian Penal Code is framed, the Special Judge has not discussed anything about it and has not given any finding in respect of that charge. It is a matter of regret that he has not given a finding as to whether the appellant is guilty of the offence under section 5 (1) (d) of the Prevention of Corruption Act also.)

(2.) THE facts leading to the conviction of the appellant are few and may be stated. The appellant was an Assistant in the District Registrar -s Office at Tenkasi, P.W. 1 Rajalingam, is the President of a society called -Soul International Society - P. W. 2 is the Vice president, P.Ws. 1 and 2 went on 26th December, 1977, to the office of the District Registrar at Tenkasi for registering the society. The appellant was an Assistant in B -1 section and P.W. 1 gave Exhibit P -2, the memorandum and Exhibit P -3 the Rules of the Society and an application Exhibit P -1, to register the society under Act XXI of 1860. The application bears an endorsement of P.W. 4, the District Registrar, directing the Joint Sub -Registrar to receive a sum Rs. 50 towards registration charges. P.Ws. 1 and 2 paid the amount and at about 12 -00 noon P.W. 1 asked the appellant to hand over the receipt, whereupon the appellant told P.W. 1. that he had sent the receipt for the signature of the District Registrar and that it would take some time. But, P. W. 1 told the appellant that he has complied with all the rules and had also paid the registration charges and there was no impediment for him to give the receipt, whereupon the appellant told P.W. 1 that if he wants the receipt and the certificate of registration, he has to pay him a bribe of Rs. 50. P. W. 1 again told the appellant that as it is a society, it would not be proper to pay a sum of Rs. 50 as bribe as one cannot account for such expenditure. But, however, P.Ws. 1 and 2 were made to wait till 5 -00 p.m. and then the appellant told them that the District Registrar had gone out. P.W. 1 wanted to know when he will get the receipt and the document, and certificate of registration, and he was told that he should get it when pays Rs. 50 after two days. But, P.W. 1 and 2 decided to see the Vigilance Officer.

(3.) THE defence was one of denial According to the appellant, P.W. 1 had visited him twice or thrice in connection with the registration of the society, that on the date question he came with the memorandum of the Society, but without an application, that he asked him to have attestation of two personed on the memorandum, that P.W. 1 got the signature of a person who happened to be there, but then he asked P. W. 1 to pay the registration fee, that again when he came at 3 -30 P.Mhe told P.W. 1 that he has sent a 11 the papers to the District Registrar for being signed by him and asked him to wait and take the papers, but P. W. 1 stated that he was being sent from pillar to post and vowed to take vengeance. He would also say that a false case has been foisted on him.