SIVAKAMI AND ORS. Vs. STATE

JUDGEMENT

(1.) The convictions and sentences as well as order of acquittal passed in Calendar Case No. 8 of 2006 by the II Additional District and Sessions Court, Special Court for CBI Cases, Coimbatore are being challenged in the present Criminal Appeals.

(2.) The case of the prosecution is that all the accused have had conspiracy with a view to receive illegal gratification for the purpose of sanctioning loan to one Prabakaran, who applied for getting loan to purchase J.P.C. Earth Mover. The first accused has approached the said Prabakaran and demanded a sum of Rs. 25,000/ - as illegal gratification, for the purpose of giving the same to the second accused, who has had connection with the sanction of loan. The third accused is the wife of the second accused. The said Prabakaran has not decided to give bribe as demanded by the first accused and therefore, he has given a complaint to the concerned Superintendent of Police and subsequently trap proceedings have been initiated and the amount demanded by the first accused has been given to him by the said Prabakaran. The first accused has handed over the same to the third accused and subsequently other formalities have been observed and after completing investigation, final report has been filed on the file of the trial court. The trial court has taken the same in Calendar Case No. 8 of 2006.

(3.) The trial court, after hearing arguments of both sides, has framed necessary charges against all the accused and the same have been read over and explained to them. The accused have denied the charges and claimed to be tried.