D. THANGAVELU Vs. STATE

JUDGEMENT

(1.) The appellant herein is the accused in Special Case No.13 of 2010, on the file of Special Judge, Chief Judicial Magistrate Court at Thiruvallur. The accused was tried for the offences under Sec. 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The Learned Trial Judge, on appreciating the testimony of 10 witnesses, 12 documents and 7 material objects found the appellant guilty and sentenced him to undergo one year rigorous imprisonment and with fine of Rs.10,000.00, in default, simple imprisonment for three months for offence under Sec. 7 of Prevention of Corruption Act, 1988. Sentenced him to undergo two years R.I and fine of Rs.10,000.00, in default three months simple imprisonment for offence under Sec. 13(2) r/w 13(1)(d) of Prevention of Corruption Act. The period of sentence ordered to be run concurrently. The period of imprisonment already undergone ordered to be set off.

(2.) The case of the prosecution as spoken through its witnesses is capsulized below:-

(3.) When Vijayakumar informed his Managing Director, Mr.Ameer and the applicants about the demand of bribe by the accused, they decided not to give bribe to the accused but to report the matter to the Vigilance Department. Accordingly, Vijayakumar gave a complaint on 24/11/2008 to the Deputy Superintendent of Police, DV&AC, at Nandanam. Case in Crime No.5/AC/2008/CC-III was registered by the Inspector of Police, Mr.Venkatesan as directed by the DSP. Trap was organised in the presence of two official witnesses by the Inspector of Police Mr.Venkatesan. After demonstrating the significance of phenolphthalein-sodium carbonate test to the witnesses, he entrusted the phenolphthalein smeared currency to the complainant. The numbers of those currency recorded in the entrustment mahazar. He took his team to the Office of the accused and reached at about 15.30 hours on 24/11/2008. The complainant Vijayakumar and one of the shadow witness Jaya Kumar met the accused at Ambattur. As requested by the accused, they accompanied him to his Office-cum-residence at Vanagaram in an auto rickshaw. The other members of the trap team followed them. At his Officecum-residence in Vanagaram the accused demanded money and obtained the phenolphthalein smeared currency (Rs.1000.00 x 1; Rs.500.00 x 14 and Rs.100.00 x 10) sum of Rs.10,000.00 from the complainant Vijayakumar. Thereafter, the complainant and the shadow witness came out and gave the prearranged signal to the trap team by changing the wrist watch from one hand to another. Thereafter, the Inspector, Venkatesan entered the Office-cum-residence of the accused and introduced himself and prepared sodium carbonate solution and asked the accused to dip his fingers in the colourless sodium carbonate solution. When he dipped his hand, the colour of the solution turned into light red. The colour wash solution for each hand was collected in separate bottles. On enquiry, the accused admitted to the Inspector of Police that, he received money from Vijaya Kumar and handed over the money to him. Then accused was provided with an alternate shirt and the pocket portion of the shirt where money was kept by the accused was dipped in the colourless sodium carbonate solution which turned into light red. The solution was collected in a bottle. Thereafter, the files relating to the Patta transfer application was recovered from the accused. The accused was arrested and same was informed to the Head Surveyor Mr.Jayachandran. He came to Vanagaram, witnessed the seizure process and signed the Seizure mahazar. Meanwhile, the residence of the accused at Kanchipuram was also searched but no incriminating material was recovered. On completion of investigation, the final report was laid by Tmt.Arulselvam, the Inspector of Police.