STATE Vs. S YAMUNA BAI

JUDGEMENT

(1.) This criminal appeal has been directed against the order of acquittal dated 29-01-2014 passed in Spl.C.C.No.2 of 2002 by the Chief Judicial Magistrate Court, Nilgiris.

(2.) The case of the prosecution is that during the relevant period, the accused has served as District Rehabilitation Officer in Nilgiris District. The defacto complainant by name, Shivakumar has made arrangements to obtain loan to the tune of Rs.10 lakhs(Rupees Ten lakhs only). The accused has initially demanded 2% and subsequently demanded a sum of Rs.2000/-(Rupees Two thousand only). On 10-06-1999, the accused has received the sum from the defacto complainant. The complaint given by the defacto complainant has been marked as Ex-P2 and the same has been registered in Crime No.2 of 1999 and subsequently, the Investigating Officer has made arrangements to trap the accused in the presence of official witnesses viz., Sevannan and Premalatha and after conducting trap and also after completing investigation laid a final report on the side of the Trial Court.

(3.) The Trial Court after hearing arguments on both sides and upon perusing the relevant records, has framed first charge against the accused under Section 7 of the Prevention of Corruption Act, 1988 and second charge against her under Section 13(2) read with 13(1)(d) of the said Act and the same have been read over and explained to her. The accused has denied the charges and claimed to be tried. On the side of the prosecution, P.Ws.1 and 11 have been examined and Exs-P1 to P22 and M.Os.1 to 7 have been marked.