G. SEKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgement dated 15.02.2008 made in Special CC.No.15 of 2006 by the learned Chief Judicial Magistrate, Nagapattinam, thereby (a) convicting and sentencing the Appellant/A1 for the offence under Section 7 of the Prevention of Corruption Act, 1988 to undergo six months Rigorous Imprisonment and to pay a fine of Rs.500/-, in default to undergo three months Rigorous Imprisonment and for the offence under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 to undergo one year Rigorous Imprisonment and to pay a fine of Rs.500/-, in default to undergo three months Rigorous Imprisonment and (b) convicting and sentencing the Appellant/A2 for the offence under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 to undergo one year Rigorous Imprisonment and to pay a fine of Rs.500/-, in default to undergo three months Rigorous Imprisonment and (c) ordering the sentences to run concurrently.

(2.) The case of the Prosecution is as follows:-

(3.) The case was taken on file in Special CC.No.15 of 2006 by the learned Chief Judicial Magistrate, Nagapattinam and necessary charges were framed. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.11 and also marked Exs.P1 to P16 and Mos.1 to 10. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused have come with the version of total denial and stated that they have been falsely implicated in this case. The court below, after hearing the arguments advanced on either side and looking into the materials available on record, found the accused/appellant guilty and awarded punishments as referred to above, which is challenged in this Criminal Appeal.