M K SIRAJUDEEN Vs. STATE

JUDGEMENT

(1.) This is an appeal against conviction for the offence u/s.13(1)(d) r/w Sec.13(2) of the Prevention of Corruption Act.

(2.) The appellant was working as a Revenue Inspector at Veppanapalli. On 10.9.1988 at about 9.00 a.m. he demanded Rs.20/- from one Venkatesan for countersigning the "Landless Labourer" Certificate, which was necessary for getting IRDP Loan through Bank. On 13.9.1988, after receiving Rs.20/- from the said Venkatesan, the accused gave the Certificate. Therefore, he was charged for the offence u/s.7 and 1 3 (2) r/w Sec.13(1)(d) of the Prevention of Corruption Act. To prove the charge, prosecution has examined PWs 1 to 18, marked Exs.P.1 to P.16, and produced MOs 1 to 8. D.W.1 was examined and Exs.D1 to D3 were marked on the side of defence.

(3.) When the appellant demanded money, the complainant preferred a complaint to the Vigilance & Anti-corruption Wings; thereafter, as per the instructions he gave four five-rupee notes, and those numbers were recorded by the Inspector of Police; Phenolphthalein powder was sprayed on the notes and after demonstrating how it turns pink when dipped in a Sodium Carbonate solution; he along with the witnesses went to the Office of the accused, and the accused asked him whether he had brought the money? He gave the four five-rupee notes. After receiving the money, the accused gave the Certificate counter-signed by him. Immediately, as planned, the Inspector of Police came to the scene, recovered the four five-rupee notes from the accused and conducted the phenolphthalein test and it proved positive. The other witnesses speak to those facts in details. On the basis of the evidence, the trial Court found the accused guilty and sentenced him to undergo R.I. for six months and imposed a fine of Rs.10/- for the offence u/ s.7 of the Prevention of Corruption Act, and one year R.I. and imposed a fine of Rs.10/- for the offence u/s.13(1)(d) r/w.13(2) of the Prevention of Corruption Act. Aggrieved by the conviction and sentence, this appeal has been filed.