K. BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant to set aside the judgment of conviction and sentence, dtd. 31/1/2018 passed by the Special Judge for Prevention of Corruption Act Cases, Madurai, in Spl. Case No.24 of 2011 and acquit the appellant.

(2.) The case of the prosecution is that PW2 and PW4 are brothers. They purchased one house from TNHB on instalment basis. The accused is an employee of TNHB. On 07/03/2007, PW2 met the accused and got the house allotment order. Thereafter, on 08/06/2007, PW4 met the accused in his office and asked for sale deed. He informed PW2 about his visit to TNHB office. PW4 told PW2 that the accused asked him to bring stamp papers for Rs.3,300.00, type expenses Rs.200.00 and Rs.500.00 as bribe. Not willing to bribe, the de-facto complainant lodged a complaint with the respondent police. Based upon the complaint, a case in Crime No.4 of 2007 was registered for the offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988. The accused was arrested in the trap. After completing the investigation, final report was filed. It was taken on file by the Special Court for Trial of Cases under Prevention of Corruption Act, Madurai, in Special Case No.24 of 2011 for the offences under Sec. 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. After completing 207 Cr.P.C proceedings, framed the following charges against the accused:-

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