STATE Vs. K CHELLAIAH

JUDGEMENT

(1.) THIS is an appeal filed by the State through Public prosecutor, on behalf of the Inspector of Police, Vigilance and Anti corruption, Ramanathapuram District against the judgment dated 28. 4. 1988 in c. C. No. 9 of 1986, on the file of the Chief Judicial Magistrate, Ramanathapuram at Sivaganga, acquitting the respondent/accused, in respect of the offences under Sec. 161 I. P. C. , and Sec. 5 (1) (d) read with Sec. 5 (2) of the Prevention of corruption Act, 1947.

(2.) THE accused was tried for the above offences, on the allegation that on 6. 1. 1985 at 8. 00 A. M. , the accused a Village Administrative officer, at Maranadu demanded Rs. 150, in order to issue certificate, in favour of one Karuppan and others, to the effect that they were agricultural labourers, to enable them to get Government subsidy loan for purchasing milch animals under I. R. D. programme and in pursuance of the said demand, on 18. 1. 1985, between 7. 30 A. M. and 8. 00 A. M. , the accused in his residence at marandu, received a sum of Rs. 150 as bribe from P. W. 1, Karuppan.

(3.) ON 17. 1. 1985 at 4. 00 P. M. , P. Ws. 1 and 2 went to madurai and met P. W. 14, Krishnan, the Inspector of Police, Vigilance and anti-Corruption. P. W. 14, received the complaint, Ex. P-20 from P. W. 1. The same was registered in Cr. No. 1 of 1985. P. W. 14 contacted the Deputy Director of animal Husbandry and requested the Officer to depute responsible persons to be witnesses for the trap case. As per such request, from the Department of Animal husbandry, P. W. 3 Subramaniam and another were sent to the Vigilance Office. They went to Vigilance Office at 5. 30 P. M. , where P. Ws. 1 and 2 were present and they were introduced to them.