STATE Vs. K.N. RAMESH BABU

JUDGEMENT

(1.) This is an appeal against acquittal, filed by the State. The respondent is the sole accused in Special Case No. 6 of 2007, on the file of the learned Assistant Sessions Judge and Chief Judicial Magistrate cum Special Judge under the Prevention of Corruption Act, Thoothukudi. He stood charged for offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial Court, by Judgment, dated 27.12.2010, acquitted the respondent/accused. Challenging the same, the State is before this Court, with this appeal. The case of the prosecution, in brief, is as follows:

(2.) On 27.06.2005, P.W.2, P.W.4 and P.W.6, all went together to Soorangudi Police Station. It was 11.30 a.m. The accused was not present. The other policemen in the Police Station told them that the accused would return only around 06.30 p.m. Accordingly, they were waiting and the accused returned by 06.30 p.m. At that time, the accused told P.W.2 that the Village Leader had given a complaint against P.W.4 and if Rs. 15,000/- was not paid, he would go to the extent of registering any case, including a false case, against P.W.4. Out of fear, P.W.2 paid Rs. 10,000/-, which was readily having with him. The accused, after having received the said amount, obtained a muchalika from P.W.4 to come again on the next day.

(3.) After some time, the accused contacted P.W.2 over phone and told him that he was going to a distant place and he would return back to the Police Station only on 03.07.2005. He further told him to come with the balance of Rs. 5,000/- on 03.07.2005. On 03.07.2005, at about 11.30 a.m., P.W.2 again contacted the accused over phone and told him that he could not mobilize necessary funds and thus he was in need of some more time. P.W.2 had contacted him through his cellphone No. 9443162998 and the accused responded that he would register a case, unless money was paid.