KAMALAM AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants / accused 1 and 2 were found guilty under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Both of them were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/ - each and in default to undergo rigorous imprisonment for a period of 3 months. The findings regarding guilt and the imposition of sentence are under challenge in this appeal.

(2.) THE case of the prosecution is that the de facto complainant Velliammal preferred a complaint against the appellants stating that they demanded a sum of Rs. 1,000/ - as illegal gratification in order to release the amount granted by the Government under the Welfare Scheme, viz. "Moovalur Ramamirtham Ammaiyar Ninaivu Thirumana Nithiyuthavi Thittam" and that they accepted the alleged bribe on 23.11.1998. During the relevant point of time, the first appellant had been working as Development Officer and the second appellant had been working as Welfare Officer in Thathaiyangarpet Panchayat Office at Trichy District.

(3.) THE main grounds of appeal are on three folds: