N. KANNAN Vs. STATE

JUDGEMENT

(1.) The appellant herein while serving as Commercial Inspector in Tamil Nadu Electricity Board, Suramangalam, Salem, on 4/9/2003 caught in the Trap laid by V&AC, Inspector with Rs.1000.00 given by Mr.Maheswaran and therefore prosecuted. The trial Court held him guilty for demand and receipt of Rs.1000.00 as illegal gratification from Mr.Maheswaran. The appellant was sentenced to undergo One Year R.I and to pay a fine of Rs.5000.00 in default 3 months S.I for the offence under Sec. 7 of P.C Act and to undergo Two Years R.I and to pay a fine of Rs.10,000.00 in default 6 months S.I for the offence under Sec. 13(2) r/w 13(1) (d) of P.C Act. The period of substantive sentence ordered to run concurrently.

(2.) The case of the prosecution as unfurled through its 11 witnesses and 38 documents is as under:-

(3.) On 18/08/2003 when Maheswaran (P.W.2) went again to the EB Office, Suramanagalam and enquired the accused about the status of his application, the accused told him that, the estimation is not made ready and he will prepare the estimated shifting cost below Rs.4000.00 and sent it, only if the bribe money is paid, the estimation cost will be received in the office. Accordingly, on 02/09/2003, P.W.2 was served with the estimation demand notice for the estimation cost and was directed to pay the shifting cost of Rs.3480.00 within 7 days from the receipt of the Demand notice. The notice was received by the wife of Maheswaran. On the same day i.e., 02/09/2003 at about 11.00 a.m Maheshwaran went to A.E Office with the money and met the accused. The accused refused to receive the money unless his demand of bribe Rs.1000.00 is paid. Maheswaran not willing to give any money other than the estimated cost, went to Vigilance and Anti-Corruption Office at Salem and gave a written complaint in Tamil reporting about illegal demand of Rs.1000.00 other than the legal remuneration, by the accused. This complaint was received at 4.30 p.m by the Inspector of Police, V&AC, Salem. FIR was registered under Sec. 7 of P.C Act and taken up for investigation in Crime No:11/AC/2003/SL. The copy of the printed FIR in English was despatched to the Judicial Magistrate at 20.00 hrs on 03/09/2003 and the same was received by the Judicial Magistrate on the next day (04/09/2003) at 10.30 am.