R. MAHESWARAN Vs. STATE

JUDGEMENT

(1.) THE appellant/accused has come forward with this appeal challenging his conviction and sentence passed by the learned Chief Judicial Magistrate -cum - Special Judge, Tirunelveli, dated 14.07.2005 made in Special Case No. 1 of 2001, whereby and whereunder, the appellant was convicted for the offences punishable under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced him to undergo one year RI, to pay a fine of Rs.1,000/ -, in default, to undergo 3 months RI for the offence punishable under Section 7 of Prevention of Corruption Act and sentenced to undergo one year RI, to pay a fine of Rs.1,000/ -, in default, to undergo 3 months RI for the offence punishable under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act.

(2.) THE case of prosecution, in a nutshell, is as follows:

(3.) ASSAILING the conviction and sentence passed against the appellant, the learned counsel for the appellant would submit that the Investigating Officer, who has investigated the case, is only the Inspector of Police, Vigilance and Anti -Corruption and he is not the competent person to investigate the matter under Section 7 of Prevention of Corruption Act. He would further submit that the case of the prosecution is that the appellant demanded money for grant of patta, but whereas, before that, he has recommended for issuance of patta and that factum has not been considered by the Trial Court.