JESURAJ JOHN BOSCO Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment passed in Special CC No.41 of 2014, dtd. 27/03/2018 by the Special Court for Trial of case under Prevention of Corruption Act, Sivagangai.

(2.) The case of the prosecution in brief:- A1-Jesuraj John Bosco was working as Commercial Inspector and A2-Ariyamuthu was working as Inspector of Assessment in the Office of the Assistant Engineer, TNEB, Kalaiyarkovil, Sivagangai District, during the relevant period. The de-facto complainant constructed a new house at Kalaiyarkoil, Somanathamangalam Group, Mandali Village. For getting the electricity connection, on 10/08/2007 at about 10.15 am, he along with his brother-in-law namely Shanmugam met Sangiliraj, Assistant Engineer, TNEB, Kalayarkovil and gave application Form. He received the application and verified the same, signed and gave to him asking to hand over the application and service connection amount to A1- Jesuraj John Bosco. So, the de-facto complainant and his brother-in-law met A1 and gave the application and service connection amount of Rs.1,600.00. A1 received the same and demanded Rs.300.00 as illegal gratification. At the request of the de-facto complainant, it was reduced to Rs.200.00. It was told by A1 that receipt would be given after receiving the bribe amount of Rs.200.00 and gave the application and service connection amount of Rs.1,600.00 to A2. In turn, A2 also told that receipt would be given after receiving the bribe amount of Rs.200.00. Not willing to bribe, the de- facto complainant lodged a complaint with the respondent. Based upon the complaint, trap was laid. Case in Crime No.3 of 2007 was registered for the offence under sec. 7 of Prevention of Corruption Act. The accused were arrested during trap. After completing the formalities of the investigation, filed final report. It was taken on file by the Special Court for Trial cases under Prevention of Corruption Act, Sivagangai, in Special CC No. 41 of 2014 for the offence under Sec. 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. After completing 207 Cr.P.C proceedings, framed the following charges against the accused persons:-

(3.) To that charges, the accused pleaded not guilty and claimed to be tried.