STATE Vs. R. PARTHASARATHY

JUDGEMENT

(1.) THIS is an appeal against acquittal, filed by the State. The respondent is the sole accused in Spl.C.C. No. 1 of 1999, on the file of the First Additional District and Sessions Court cum Chief Judicial Magistrate -Special Judge under the Prevention of Corruption Act, Madurai. 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 16.02.2001, 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.) HE requested P.W.2 to remain in the office for a while. Then, he had made a request to Joint Director of Veterinary Science, Madurai to depute an officer to be a witness for the trap, to be arranged. Accordingly, P.W.3 and yet another officer, by name, Periyalagan appeared before him. He introduced P.W.2 to them. Thereafter, he demonstrated to P.W.2 about the phenolphthalein test. Then, P.W.2 gave Rs. 2,000/ - i.e., 20 notes of Rs. 100/ - denomination. P.W.8 prepared a mahazar for the same, mentioning even the numbers of the currency notes. Then, he stained the notes with phenolphthalein powder and prepared a mahazar for that and he handed over the same to P.W.2 and sent P.W.3 to go with P.W.2 to the house of the accused and to give the same as demanded. Accordingly, P.Ws.2 and 3 went to the house of the accused near Gandhi Museum. P.W.8 and the other police officials were hiding elsewhere near that place.