CHIDAMBARAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in C.C.No.27 of 1998 on the file of the III Additional Sessions Judge (CBI cases), Coimbatore.

(2.) THE complaint was preferred by CBI before the learned Sessions Judge for CBI case, Coimbatore, who after taking cognizance of the same had issued summons to the accused and on his appearance furnished copies under section 207 of Cr.P.C., and framed charges under Section 7 & 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 and when questioned the accused pleaded not guilty. On the side of the prosecution, P.W.1 to P.W.8 were examined, Ex.P.1 to Ex.P.19 were exhibited and M.O.1 to M.O.3 were marked.

(3.) P.W.3 is the junior engineer in telephone department. According to him, P.W.1-Athil had sent an application for shifting the telephone indicator No.423450 from his old office to his new office. He would identify Ex.P.2 & Ex.P.3 as the applications received from P.W.1. According to him, Ex.P.2 & Ex.P.3 were accompanied with an affidavit of P.W.1. Ex.P.1 is the legal heir certificate, Ex.P.4 is the affidavit accompanied along with P.W.1's applications Ex.P.2 & Ex.P.3 and that the applications sent by P.W.1 were approved by the Divisional Engineer, Telephone department on 9.12.1997 and the telephone indicator No.423450 was transferred in the name of P.W.1 on 10.12.1997 from the name of his deceased father. Ex.P.10 is the work order copy for shifting the telephone from his old office to his new office and that he has passed the shifting order on 11.12.1997 under Ex.P.11 and that since the new office of P.W.1 comes within a different exchange he had cancelled Ex.P.11-order and a fresh order under Ex.P.12 was passed on 16.12.1997 and now the new indicator number 712550 was given to the new telephone connection of P.W.1 by Veerapandi Telephone exchange.