RAJASINGH Vs. STATE

JUDGEMENT

(1.) This appeal arises from the conviction and sentence imposed by the learned Special Judge, Krishnagiri, in C.C. No. 1 of 1982 dated 31-12-1985 for the offence under Section 161, Penal Code and also Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, to undergo rigorous imprisonment for one year.

(2.) The case of the prosecution is as follows : P.W. 1 Nagarajan was selected by the P.A. to the Collector of Dharmapuri under Ex. P. 10 on 6-12-1980 for the post of Teacher in Ottampatti Elementary School, which is under the control of Oothangarai Panchayat Union. He joined duty on 26-12-80 and his service register should be opened within one week from the date of joining the service, as per Ex. P. 11 direction. Therefore on 3-1-81 he came to Oothangarai Panchayat Union Office and met P.W. 3 the Manager of the Office for the purpose of opening the service register and P.W. 3 directed P.W. 1 to meet this appellant, who was working as the Head Clerk in the office, When P.W. 1 approached this appellant for opening the service register, he directed him to remit a sum of Rs. 3.25 in the Treasury towards the cost of the book and produce counter-foil of the remittance challan. P.W. 1 remitted the amount as instructed by him and produced the counterfoil of the challan Ex. P. 2. to this appellant. The appellants informed P.W. 1 that he would collect the service book in a week and directed him to meet him after a week along with this qualification certificates. On 12-1-981, P.W. 1 met this appellant in his office for opening the service book and as directed by the appellant, P.W. 1 got the service book Ex. P. 4 from the Manager P.W. 3. When this book was produced by P.W. 1 along with his qualification certificates Exs. P. 5 to P. 9 to this appellant for making necessary entries in the service book, the appellant demanded Rs. 200.00 as illegal gratification for making the entries. When P.W. 1 told him that he was from a poor family and was unable to give the amount, the appellant informed him that without payment he would not open the service book and would not return his qualification certificates also and kept them in his bureau. Without no other go, P.W. 1 agreed to pay the amount but required time to arrange for money and to meet him after Pongal Festival, P.W. 1 sold his goat for Rs. 150.00 and gathered Rs. 50.00 making a total of Rs. 200.00 for payment to this appellant. However, as it was pestering his mind that he had to pay illegal gratification even for such small matters, he felt that this should be brought to the notice of the Vigilance and Anti-Corruption Squad. Therefore, in the morning of 20-1-81, he went to the Vigilance and Anti-Corruption Squad, Dharmapuri and met P.W. 8 the Inspector and narrated him the whole incident. P.W. 8 directed him to give the complaint in writing and Ex. P. 14 complaint was given by P.W. 1. P.W. 8 directed him to come with Rs. 200.00 the amount demanded by the appellant, and in the meanwhile he contacted the Electricity Board and P.W. 5 office of depute responsible officers to be witnesses for the trap case. P.W. 7 the Assistant Divisional Engineer, Electricity Board, and one Babaram, Assistant Executive Engineer of Public Works Department, came to the office of Anti-Corruption Vigilance Squad agreeing to be witnesses and P.W. 1. was introduced them and he narrated the facts to them. P.W. 8, the Inspector, demonstrated before them how Phenopthalene powder changes the colour of Sodium Carborate solution and in their presence he sprayed phenopthalene powder in the amount of Rs. 200.00 M.O. 1 to M.O. 3 series, brought by P.W. 1. He also asked the witnesses to touch the currency notes sprayed with phenopthalene powder and dip their fingers in Sodium Carbonate solution and on doing so, the solution turned into pink colour. A Mahazar Ex. P. 15 was prepared in their presence with regard to the numbers in the currency notes M.O. 1 to M.O. 3 series brought by P.W. 1. P.W. 8 handed over the cash to P.W. 1 and asked him to pay this cash to the appellant only when he demanded. P.Ws. 1, 7, 8 the other witness Babaram and the police officials left for Uthangarai Panchayat Union Office in a jeep and P.W. 8 directed P.W. 1 to go ahead, meet the appellant and make a signal if the appellant had received the cash M.Os. 1 to 3 from him. P.W. 8 and others remained away at a distance of about 200 feet. P.W. 1 entered the office of this appellant at 11.00 a.m. and informed the appellant that he had come with money. The appellant then made the entries in the service book Ex. P. 4 and asked P.W. 1 to sigh in certain pages. Then the appellant asked P.W. 1 to follow him and led him to the varandah leading to the toilet room. On reaching there, he demanded the money from P.W. 1. P.W. 1 handed over the amount M.Os. 1 to 3 cash and the appellant, after counting the cash, kept the same in his shirt pocket and came to his seat. Then he directed P.W. 1 to come after some time and in the mean while, he would obtain the signature of the Commissioner of Panchayat Union in the service register. P.W. 1 coming out of the office, made the signal as indicated by P.W. 8 who came to the office with P.W. 7 and other officers. P.W. 8 approached the appellant and asked him whether he received any cash from P.W. 1. The appellant did not answer but stood perplexed. P.W. 8 prepared the Sodium Carbonate solution and this appellant was directed to dip his fingers in it. When he did so, it turned into pink colour. Then the appellant handed over the cash Rs. 200 to the Inspector. The pocket portion of the Shirt, M.O. 4 was dipped in Sodium Carbonate Solution and then also, it turned into pink colour. The inspector prepared the mahazar Ex. P. 24 and seized the cash and shirt M.O. 4 in the presence of the witnesses. The appellant was arrested and P.W. 8 took up the investigation.

(3.) After the evidence was over, the appellant was questioned under Section 313, Criminal Procedure Code to explain the incriminating circumstances found against him. The appellant denied the allegations and he said that as P.W. 1 did not produce the transfer certificate and conduct certificate along with the qualification Certificate, he insisted for production of those two certificates but P.W. 1 was evading to produce the same, that on 20-1-1981 when P.W. 1 met him to open the service register, he consulted P.W. 3 the Manager whether to open the service register without the transfer certificate and conduct certificate for which P.W. 3 directed him to open the service register mentioning that those two certificates were not produced and therefore, he asked P.W. 1 to produce his qualification certificates and also received S.S.L.C. Book Ex. P. 5. He has further stated that after making entries, he found Rupees 200/- kept within the S.S.L.C. book Ex. P. 5 and thinking that P.W. 1 had kept this amount by mistake, he searched for P.W. 1 through the peon P.W. 3 to handover the money, but as P.W. 1 could not be found there, he was keeping the amount in his pocket to handover the same to P.W. 1 when he returned to receive the service register book, but in the meanwhile the Inspector of Police, P.W. 8 arrested him. He has also stated that the Secretary of the Teachers' Union by name Chandrasekaran was acting against him and at his instance, he is implicated in this case. He has examined D.W. 1 record clerk, D.W. 2 tractor driver and D.W. 3 peon, all working in his office, to speak that he was trying to handover the cash of Rs. 200.00 to P.W. 1 as this amount was found in the qualification certificate produced by P.W. 1. Another witness, D.W. 4, examined on his side has stated that one Chandrasekaran, the Secretary of the Tamilnadu Teachers' Union was swearing that this appellant was not yielding to him and therefore he would make arrangements to transfer him.