STATE Vs. G. NAMASIVAYAM AND ORS.

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of acquittal dated 27.08.2010 in Spl.Case No. 04/2002 on the file of the learned Chief Judicial Magistrate -cum -Special Judge, Chengalpet.

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

(3.) CHALLENGING the judgment of acquittal passed by the trial Court, the learned Government Advocate (Crl.side) submits that the trial Court ought to have accepted the evidence of P.W.4/shadow witness, P.W.5/Selvaraj, Manager, Alandur Municipality and P.W.8 in respect of recovery of tainted money and phenolphthalein test. The trial Court ought to have invoked presumption under Section 20 of the Prevention of Corruption Act. Even though P.W.3 turned hostile, his evidence is admissible in evidence and the same was corroborated by other evidence. P.W.3 has deposed about the demand and acceptance made by the accused and that has been corroborated by P.W.4/shadow witness. The trial Court without considering all the above aspects erroneously acquitted the respondents/accused persons and hence, he prayed for conviction of the accused and allowing this appeal.