T DANIAL MANICKARAJ Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed as against the judgment rendered in Spl.C.C.No:7/1994 by the learned Additional District Sessions Judge cum Chief Judicial Magistrate and Special Judge, Tirunelveli and to set aside the conviction and sentence of one year rigorous imprisonment and Rs.1000/= fine, in default, three months R.I imposed under Section 7 of the Prevention of Corruption Act, 1988 and one year R.I and Rs.1000 fine, in default, 3 months R.I imposed under Section 13(2) r/w. 13(1)(d) of the said Act.

(2.) THE brief facts of the prosecution case is as follows:- P.W.2, the complainant intended to run a retail rice and paddy business and for that purpose to get a dealership licence, he filed necessary statutory payments by way of challans and submitted the same to the office of the Sub Collector, Cheranmadevi. However, the clerk in the said office directed the complainant to submit the said papers to the office of the Tashildar, Ambasamudram. THEreafter the complainant was forced to run from pillar to post under the guise of affixing new stamps and sending the same by RPAD to Sub Collector and to get a report therefrom. Ultimately, on 22.6.1993 , at 11.00 a.m., when P.W.2 met the accused in the office of the Tahsildar, Ambasamudram, he demanded a sum of Rs.250/= to recommend his request for issuance of licence with the Sub Collector and instructed him to pay the said sum on the next day. P.W.2 not satisfied with the attitude of the accused decided to report it to the Vigilance and Anti corruption wing. Accordingly, on the next day, at 7.00 a.m., he went to the Vigilance and Anti Corruption Office situated at Palayamkottai, with the sum of Rs.250/= and gave a statement as to the entire happenings. THEreafter, after obtaining his signature in the said statement, and after getting necessary permission from the higher officers, P.W.4, Inspector, registered a case in Crime No:4/93 and prepared the FIR under Ex.P.11 and arranged to send the originals to the Court.

(3.) BEFORE the Chief Judicial Magistrate cum Special Judge for Vigilance and Anti Corruption Cases, on behalf of the prosecution, P.Ws 1 to 13 were examined and Exs.P.1 to P.34 were marked. On behalf of the accused D.W.1 was examined and Ex.D.1 was marked. M.Os 1 to 3 were also marked. When the accused was questioned under Section 313 Cr.P.C., with regard to the incriminating circumstances appearing in the evidence of the prosecution witnesses as against him, the accused denied the allegation of receiving illegal gratification as false.