JEYASEELAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE sole accused in C.C.(Spl)No. 39 of 2003 on the file of the Special Judge under the Prevention of Corruption Act, 1988/Chief Judicial Magistrate, Ramanathapuram, was prosecuted for offences under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 found guilty as per the charges and convicted and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/ - with a default sentence of simple imprisonment for one month for the offence under Section 7 and one year rigorous imprisonment without fine for the offence under Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. The substantive sentences were directed to run concurrently. Challenging the judgment of the trial Court dated 12.1.2007 regarding conviction as well as sentence, he has preferred the present appeal under Section 374 of Cr.P.C.

(2.) FOR the sake of convenience, the appellant and the respondent are referred to as the accused and prosecution respectively.

(3.) ON 27.3.2002, the police party along with the de facto complainant and the witness started from Ramanathapuram at 9.00 A.m on and reached R.S. Mangalam at 10.15 a.m. P.W. 2 and P.W. 3 -Dhanavel were sent to the Office Room of the accused whereas the police party with the other witness Raju were hiding at a distance. The accused again demanded Rs. 1150/ -. When P.W. 2 asked him to reduce the amount, the accused refused to accept the request. Thereafter P.W. 2 handed over the currency notes tainted with Phenolphthalein powder amounting to Rs. 1150/ -. The accused received it, counted the same and put the same in a brown colour Rexin Bag. When P.W. 2 wanted the accused to hand over the patta, the accused showed the original of the patta and informed him that the original did not bear Gopuram seal and that he would get the seal and then hand it over to him. The accused informed that P.W. 2 should pay Rs. 300/ - or Rs. 400/ - for changing the entries in the 10(1) Register. Thereafter P.W. 2 and P.W. 3 came out and P.W. 2 gave a signal as per pre -arrangement, pursuant to which P.W. 10 and the police party entered the office room of the accused. When phenolphthalein test was conducted by preparing sodium carbonate solution and asking the accused to dip his fingers, it proved positive for the presence of phenolphthalein. When the accused was questioned whether he received any amount from P.W. 2, he admitted the same and gave Mo4 Rexin Bag stating that he had put the money in the same. After comparing the serial numbers of the currency notes, they were recovered under Ex. P.7 -Seizure Mahasar. Currency notes thus recovered have been marked as MO1 series. The patta(Ex. P9) produced by the accused was also recovered under the seizure mahasar Ex. P8, in the presence of witnesses. The subsequent searches made in the office of the accused at R.S. Mangalam and his residence at Devipattinam under Ex. P17 and Ex. P19 yielded no fruitful result. P.W. 11 who returned with the accused and seized articles to the office of the Vigilance and Anti Corruption Wing, Ramanathapuram, sent the accused along with the material objects recovered by him to the Court, for remand. Then the investigation was taken over by P.W. 12 -Mohammed Yasim.