STATE Vs. G.P. ANILKUMAR

JUDGEMENT

(1.) THIS is an appeal against acquittal, filed by the State. The respondent is the sole accused in Special Case No. 5 of 2005, on the file of the learned Chief Judicial Magistrate cum Special Court under the Prevention of Corruption Act, Kanyakumari District at Nagercoil. 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 25.04.2008, acquitted the respondent. Challenging the same, the State is before this Court, with this appeal.

(2.) THE case of the prosecution in brief is as follows:

(3.) ON the instruction of P.W. 9, P.W. 2 went to the Vigilance and Anti -corruption Police Station. P.W. 14 was the then Inspector of Police, attached to the Vigilance and Anti -corruption Police Station. On 15.10.2004, at about 03.45 p.m., he received the complaint from P.W. 2 and registered a case in Crime No. 7 of 2004 under Section 7 of the Prevention of Corruption Act. Ex. P. 28 is the First Information Report. Then he decided to arrange for a trap. For that purpose, on due intimation, P.W. 3 and another witness appeared. P.W. 3 is a Junior Assistant working in Health Department. P.W. 14 conducted demonstration of phenolphthalein test and explained the same to P.W. 2 and the witnesses. Then P.W. 14 collected a 500 rupee currency note and five numbers of 100 rupee currency notes from P.W. 2 and with the help of a policeman, stained the same with phenolphthalein powder and handed over the same to P.W. 2. For that, he prepared a mahazer. Then, P.W. 14 took P.Ws. 2 and 3 along with few other officials to the office of the accused. On leaving P.Ws. 2 and 3 in front of the office of the accused, P.W. 14 instructed him to hand over the above said Rs. 1,500/ - to the accused, if demanded and then to come out and make a signal.