G. VENKATAPATHY Vs. STATE

JUDGEMENT

(1.) The appellant herein being aggrieved by the judgment of the trial Court holding him guilty for the offence under Sec. 12 of Prevention of Corruption Act, 1988 and sentenced to undergo 6 months R.I and with fine of Rs.1000.00 in default, one month S.I is before this Court by way of an appeal.

(2.) According to the prosecution, A.Senthilnathan son of Kanagavalli, for water connection to the house in the name of Kanagavalli arranged the appellant herein, a private individual carrying on profession as plumbing contractor. The appellant took him to Mr.Rajan, Assistant Engineer (hereinafter referred as appellant) at Chennai Metropolitan Water Supply Sewerage Board (hereinafter referred as 'Board'), K.K.Nagar, Chennai. After consulting with Tr.Rajan, Assistant Engineer, the appellant along with A.Senthilnathan went to the house of Kanagavalli got her signature in the application and received Rs.15,000.00 for pay connection fees and Rs.200.00 for the expenses. Accordingly, the appellant paid the fees of Rs.15,000.00 at Board, on 30/6/2008. Thereafter, there was no progress in providing water service connection to the house. Therefore, Senthilnathan went to the Division Office on 10/7/2008 at about 1.30 p.m and met the Appellant. The appellant, after consulting with Rajan Assistant Engineer, informed Senthilnathan that Rajan, Assistant Engineer is demanding Rs.10,000.00 as bribe and only if the bribe is given water service connection will be provided. Thereafter, A.Senthilnathan, immediately went to the Office of Rajan, Assistant Engineer and cross verified with him, whether he has to pay bribe of Rs.10,000.00 even after paying the connection fees of Rs.15,000.00. Rajan, in response told to A.Senthilnathan that, if he pays the money as demanded by Venkatapathy/A2, he will get the connection immediately or he will not get the water service connection at all.

(3.) A.Senthilnathan, immediately gone to the District Superintendent of Police, Vigilance and Anti Corruption Office, at R.A.Puram, and given a written complaint. Mr.Ponnusamy, District Superintendent of Police, V&AC, on receipt of the complaint, directed Thiru.S.Ashokan, Inspector of Police, to register a case and taken up for investigation. Accordingly, case has been registered in Crime No.2/AC/08/HQ, under Ss. 7 and 8 of Prevention of Corruption Act, 1988 and taken up for investigation by S.Ashokan, Inspector of Police.