T. SANTHANAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment of conviction and sentence passed in Special Case No.67 of 2004, dtd. 28/02/2019 by the Special Court/Chief Judicial Magistrate, Kumbakonam.

(2.) The case of the prosecution in brief:- The de-facto complainant was living in Kaveri Nagar, Kumbakonam. In 2005, he borrowed Rs.3,000.00 from one Sivasamy and others. He was repaying the money with interest on daily basis. Since he closed his petty shop, he was not able to pay the money. So, they threatened him to pay Rs.3,000.00 in total. But he has stated that he already paid Rs.4,500.00. Since he was criminally intimidated, he lodged a complaint on 21/05/2008 with the Sub Inspector of Police, in Kumbakonam East Police Station. He was asked to come on the next day. On 25/02/2008, A2-Shanthanam enquired Sivasamy. At that time, A1 was also present. A1 asked him to pay Rs.10,000.00 to Sivasamy. But he refused. Later, the money was reduced to Rs.5,000.00. Under compulsion, he was forced to sign in a pro-note. Later, A2 issued receipt in CSR No.225 of 2008. Thereafter, A1-Sevlarajan demanded Rs.1,000.00 for settling the issue. Based upon the complaint, trap was laid. Case in Crime No.4 of 2008 was registered for the offence under sec. 7 of the Prevention of Corruption Act. The accused was arrested during trap. After completing the formalities of the investigation, final report was filed. It was taken on file by the Chief Judicial Magistrate/Special Judge, Kumbakonam, in Special Case No.67 of 2014 for the offence under Sec. 7 and 13(2) r/w 13(1)(d) of the 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.