S MURUGAN Vs. STATE

JUDGEMENT

(1.) AGGRIEVED over the conviction and sentence imposed on him for the offence under Section 7 and Section 13 (1) (d) r/w 13 (2) of the Prevention of Corruption act by judgment dated 19. 12. 2002 in Calendar Case No. 20 of 1999 by the learned additional District Judge Cum Chief Judicial Magistrate, Sivaganga, this appeal has been preferred by the appellant/accused. He was convicted and sentenced to undergo 2 years Rigorous Imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo 2 months Rigorous Imprisonment each for the offence under section 7 and Section 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act and the sentences were directed to run concurrently.

(2.) THE brief facts of the prosecution case are as follows: (i) The accused was the Inspector of Police at Nachiarpuram Police Station during the year 1997. PW. 14 lodged a complaint before PW. 15 Inspector of police, Vigilance and Anti-corruption on 28. 11. 2007 at about 11. 00 a. m. alleging that the accused/ Inspector of Police demanded a sum of Rs. 2,000/- for not taking any action on the complaint of one Annapoorani against PW. 14 and his family members. The said complaint of PW. 14 is Ex. P. 30. Based on the complaint, ex. P. 31 F. I. R. was prepared at about 2. 00 p. m. ,. PW. 15 prepared Ex. P. 3 Mahazar explaining the consequences of events and also the importance of Sodium carbonate Solution and Phenolpthaline Powder test to PW. 4 and another independent witness in the presence of PW. 14. A Mahazar was drawn at 2. 40 p. m. on 28. 11. 1997 as Ex. P. 3. In pursuance of the said proceedings on the same day evening, they went to the Police Station but the accused was not available and then they went to his house at about 9. 30 p. m. ,. When the accused came, it is alleged that PW. 14 handed over a sum of Rs. 2,000/- to the accused which was received by the accused and kept in his pocket and on the signal given by PW. 14, the police party headed by PW. 15 came to the house of the accused and conducted sodium Corbonate Solution and Phenolpthaline Powder test. His hands and shirt pocket turned pink colour, money was recovered from a wooden rack in his house. After investigation, a final report was filed against the accused.

(3.) BEFORE the learned Chief Judicial Magistrate, Sivaganga, the accused faced the trail in which PWs. 1 to 16 were examined as prosecution witnesses and exs. P. 1 to P. 35 were marked and MOs. 1 to 7 were produced.