N.P.MANIKANTAN Vs. STATE

JUDGEMENT

(1.) These criminal appeals have been filed against the judgment passed in CC.No.13 of 2005 dtd. 20/3/2015 convicting the appellants by the learned XIII Additional Sessions Judge for CBI Cases, at Chennai.

(2.) Both the criminal appeals are arising out of the same calendar case, thereby the appellants have been convicted for the offence punishable under Sec. 12 of Prevention of Corruption Act. Therefore, this Court passes this common order.

(3.) The case of the prosecution is that the second accused was charged in a disproportionate assets case in RC.No.7(A)2003 of CBI, ACB, Bangalore. In order to assist the investigation officer, PW1 who is a Junior Technical Officer was appointed in the above case. Therefore, PW1 went to Bangalore and enquired the second accused 's chartered accountant with regards to share trading activities, financial investments and transfer of money to the second accused 's son 's bank account in State Bank of India, USA. During the enquiry PW1 asked the chartered accountant to furnish the share trading report and financial transactions in a floppy disk. Thereafter, PW1 came down to Chennai. At that juncture, on 25/5/2004, the first accused approached PW1 to get a favourable technical report in favour of the second accused by offering bribe. Therefore, PW1 lodged complaint to his superiors. Thereafter on 26/5/2004, the first accused called PW1 to a hotel for lunch. In the hotel, the trap laying officer arranged a trap and accordingly instructed PW1 to give signal if any bribe amount was offered. The independent witnesses by name Sri Krishna, Narendra Deva were sitting at the table adjacent to the first accused and PW1. While having lunch, they heard that the first accused is ready to give bribe on some other day to PW1. Therefore, FIR was registered on 27/5/2004. Once again on 29/5/2004 the first accused called PW1 to meet him at room No.507 of a Hotel Ramada Raj Park, Alwarpet, Chennai. The other team of trap laying officers was waiting in the room No.501 with a wireless receiver in order to hear the conversation between the first accused and PW1. Then, PW1 went to room No.507 with a wireless transmitter. At that juncture, the first accused gave the bribe amount of Rs.50,000.00 and a nokia phone with hutch sim card to PW1. On receiving signal, the entire team went inside room No.507 and upon enquiry, accused 1 & 2 confessed that they offered bribe to PW1. Both A1 and A2 were arrested and were remanded to judicial custody for the offence punishable under Ss. 120(b) of IPC r/w Sec. 12 of Prevention of Corruption Act. Later, the third accused, son of A2, was also charged under the aforesaid sec. . After completion of investigation, the prosecution filed final report and the same was taken cognizance by the trial court.