P.RAJARATHINAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment of the learned Special Judge for Cases under the Prevention of Corruption Act, 1988, Puducherry dtd. 30/1/2018, made in Spl.C.C.No.1 of 2013. By the said judgment, the appellant/sole accused is found guilty of an offense under Sec. 7 of the Prevention of Corruption Act, 1988, and is sentenced to undergo Rigorous Imprisonment for a period of six months and to pay a fine of Rs.1,000.00. In default, to undergo imprisonment for a period of two months. The appellant was also found guilty of an offence punishable under Sec. 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, and was sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.1,000.00. In default, to undergo Rigorous Imprisonment for a period of three months.

(2.) The case of the prosecution is that on 22/8/2013, P.W.2, Jothi, lodged a complaint. He alleged that he participated in an agitation. He was arrested by the police on 5/5/2013 and was released on bail on 13/5/2013. In the process, he submitted the original land documents belonging to his uncle Murthy at the office of the Deputy Collector, Villianur, Puducherry, as surety while he was enlarged on bail. Thereafter, on many occasions, the de facto complainant, along with his uncle Murthy, visited the office of the Deputy Collector, Villianur, Puducherry, and requested the accused Rajarathinam, who is working as a clerk in the said office, to release the aforementioned land document. But he did not give a proper reply. On 21/8/2013, the complainant, Jothi, met Rajarathinam, who demanded a bribe of Rs.5000.00 from the complainant for making arrangements for releasing the document. He directed the complainant to give the bribe amount of Rs.5000.00 on the afternoon of 22/8/2013. He further cautioned that unless his demand was met, the document would not be released. Since the complainant did not want to give the bribe amount, he lodged the complaint.

(3.) After receiving a Veracity Report regarding the allegations, a case was registered by C.Easwaramoorty, Deputy Inspector General of Police, SPE:CBI:ACB, Chennai, in Crime No.RC MA1 2013 A 0037, for an alleged offence under Sec. 7 of the Prevention of Corruption Act, 1988. The case was entrusted to M.Raja, Inspector of Police (P.W.10), for investigation. Subsequently, P.W.10, Sathyamoorthy, was authorized to continue the proceedings for laying the trap. According to the prosecution, the decoy witness and the official witnesses all gathered in Room No.4 of the Central Excise Guest House, Puducherry, where P.W.8, the Trap Laying Officer, demonstrated the trap-laying exercise. The decoy and official witnesses observed how the Sodium Carbonate solution turned pink after the Phenolphthalein test. They then collected Rs.5,000.00 from the decoy witness, Jothi, through an entrustment mahazar. The serial numbers of the currency notes were noted. After spraying Phenolphthalein powder on the notes, they were kept in the left side pocket of the decoy witness, who was instructed to give the money to Rajarathinam only if he demanded it. P.W.5, Lakshmi Narayanan, was directed to accompany the decoy witness to observe the proceedings and overhear any conversation between Jothi and Rajarathinam.