THANGAPPAN PILLAI Vs. STATE

JUDGEMENT

(1.) Appellant is the accused in Special C.C.3/1992 on the file of Additional District Judge / Special Judge, Nagercoil. By the Judgment dated 07.03.1997, the learned Special Judge convicted the Appellant / accused under Sections 7 and 13(2)r/w 13(1)(d) of Prevention of Corruption Act.

(2.) Gist of charges framed against the accused and the findings / sentence of the trial court is as under:- Charge Gist of the Charge Finding & Sentence 1 U/s.7 of P.C.Act Demanded and accepted gratifica-tion from M.I.Abel. Found guilty U/s.7 of P.C. Act. No sentence. 2 U/s.13(2) r/w.13(1) (d) of P.C.Act - Thangappan Pillai abusing his official position as public servant committed criminal misconduct by accepting gratifi-cation other than legal remuneration. Found guilty u/s.13(2) r/w. 13(1)(d) of P.C. Act. One year S.I. and fine of Rs.1000/=, in default to undergo 2 months S.I.

(3.) Case of the Prosecution could briefly be stated thus:- Accused Thangappan Pillai was working as Village Administrative Officer at Neendakarai Village, Agastheeswaram Taluk. P.W.1 was employed in Bilai Steel Plant as Store Keeper and after retirement came back to Neendakarai and settled. His father Issac owned 24 cents in Survey No.22/1. Out of which, he has settled 12-1/2 cents of land in favour of P.W.1. Father of P.W.1 had also settled 11-1/2 cents in the name of his brother. The land in Survey No.22/1 (Patta No.288) was in the Joint Patta. To transfer the patta in his name, P.W.1 has given the Application in July 1991. For about three months, the patta was not transferred.