R SUBBIAH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in c. C. No. 1 of 2000 on the file of the learned Special Judge (Chief Judicial magistrate) Nagapattinam.

(2.) THE short facts of the prosecution case is that on 30. 8. 1999 at about 7. 45 p. m. , the accused had demanded and received Rs. 1,500/-by way of bribe for issuing the land valuation certificate in favour of one ummal Fazria and that he had committed an offence under Section 7 and 13 (1) (d)r/w 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" ).

(3.) WHEN incriminating circumstances were put to the accused, the accused would deny his complicity with the crime. But he would state as defence that the amount received by him from P. W. 2 is only a tax due. The accused has also examined D. W. 1 and exhibited EX D1 to D3.