M. RAVICHANDRAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of conviction and sentence dated 28.08.2006 in C.C. No.60 of 2003 on the file of the learned VII Additional Sessions Judge (Special Judge), Chennai, whereby the appellant/accused was convicted for an offence under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.5,000/ - in default in payment to undergo three months simple imprisonment.

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

(3.) CHALLENGING the judgment of conviction and sentence passed by the Special Court, learned counsel for the appellant/accused has submitted that the appellant/accused was working as an Assistant in Commissioner's office, Police Department, Chennai. P.W.2 is the de facto complainant and he was dismissed from service and subsequently, he was reappointed. P.W.2 has approached the accused to regularise his service and also for pay fixation, at that time, it is alleged that the accused demanded a sum of Rs.1,000/ - as illegal gratification. It is further submitted that the first demand was made on 28.02.2001 and second demand was made on 02.03.2001, whereas the files relating to P.W.2 were moved to salary section on 01.03.2001. The evidence of P.W.5 and P.W.7 shows that work has been completed on 01.03.2001 itself. So there is no necessity for the appellant/accused to demand money on 02.03.2001 that too after completing the work and hence, the prosecution has failed to prove the demand made by the appellant. But the Special Court without considering the above aspects, erroneously convicted the appellant/accused. Therefore, he prayed for acquittal of the accused and allowing this appeal.