M. SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been directed against the convictions and sentences passed in Calendar Case No. 4 of 2002 by the Special Court for Vigilance and Anti Corruption Cases/ Chief Judicial Magistrate Court, Udhagamandalam.

(2.) THE nubble of the case of the prosecution is that during the relevant period, the accused has served as an Assistant Field Surveyor in Taluk Office, Kothagiri. The defacto complainant by name Prakasam has given an application to sub -divide 3 cents of land which situates in S.F. No. 153/5A1A1, which stands in the name of his wife by name Rajeswari. On 26.06.2001, the accused, Surveyor (Thangamani) have measured the same. The accused has demanded a sum of Rs. 1500/ - from the defacto complainant for issuing sub division order and subsequently he reduced quantum of amount to the tune of Rs. 1000/ -. On 24.09.2001, at about 4 p.m., the defacto complainant has met the accused and asked sub division order. But the accused has directed him to give a sum of Rs. 1000/ - by way of bribe on 01.10.2001 and accordingly on 01.10.2001, at about 4.20 p.m., the defacto complainant has given the said sum of Rs. 1000/ - by way of bribe to the accused. The complaint given by the defacto complainant has been registered in Crime No. 2 of 2002 and marked as Ex.P.4.

(3.) THE trial court, after hearing arguments of both sides and upon perusing the relevant records has framed first charge against the accused under Sections 7 and second charge under Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and the same have been read over and explained to him. The accused has denied the charges and claimed to be tried.