MOHAMMED ALI Vs. STATE

JUDGEMENT

(1.) A1 And A2 Are The Appellants Who Have Come Forward With These Appeals Challenging Their Conviction And Sentence Passed By The Learned Special Judge And I Additional Sessions Judge Cum Chief Judicial Magistrate, In Spl.C.C.No.68 Of 1992 Convicting The Appellant In Crl.A.No.240 Of 2001/First Accused Under Section 7 Of The Prevention Of Corruption Act And Sentencing Him To Undergo Six Months Rigorous Imprisonment And Also To Pay A Fine Of Rs.500/- Carrying With Default Sentence Of One Month Rigorous Imprisonment, Convicting Under Section 13(2) Read With 13(1)(D) Of The Prevention Of Corruption Act And Sentencing Him To Undergo One Year Rigorous Imprisonment And Imposing A Fine Of Rs.1000/- And Carrying With Default Sentence Of Two Months Rigorous Imprisonment And Convicting The Appellant In Crl.A.No.241 Of 2001 / Second Accused For The Offence Under Section 12 Read With Section 7 Of The Prevention Of Corruption Act And Sentencing Him To Undergo Six Months Rigorous Imprisonment And Also Imposed With A Fine Of Rs.500/- And Carrying With Default Sentence Of One Month Rigorous Imprisonment And Convicting Under Section 13(2) Read With 13(1)(D) Of The Prevention Of Corruption Act And Sentencing Him To Undergo One Year Rigorous Imprisonment And Imposing A Fine Of Rs.1000/- In Default To Undergo Two Months Rigorous Imprisonment.

(2.) THE Facts Of THE Case As Projected By THE Prosecution Are As Follows: A1 Was Working As Village Administrative Officer And A2 Is THE Village Menial In Kondappanaickenpatty Village. PW.2 Is THE President Of THE Same Village. PW.2 Inherited THE Property Of His Father After His Death, Along With Her Mother And Sister And Patta Also Changed In THEir Name And Also Obtained Pumpset Connection. During THE Lifetime, PW.2's Father Obtained A Loan From Salem Agricultural Co-Operative Bank For THE Purpose Of Laying Underground Water Tank. After THE Death Of His Father THE Said Loan Was Settled, But THE Original Documents Were Not Returned From THE Bank. Om 30.01.1991 PW.2 Along With His Mother And Sister Gave A Petition For THE Return Of THE Said Original Documents. After Six Months, PW.5 Being Officer Came To THE House Of PW.2 And Enquired About THE Details. PW.2 Requested Him To Get Fresh Loan For THE Purchase Of Goat. For That Purpose PW.5 Asked Him To Get Revenue Records In Respect Of THE Property Namely Chitta, Adangal, Rough Sketch And Settlement Deed Etc. THEreafter PW.2 Met A1, Village Administrative Officer On 24.08.1991 At 9.30 A.M In His Office And Requested Him To Furnish THE Revenue Records In Respect Of THEir Land Namely Chitta, Adangal, Rough Sketch And Settlement Deed Etc,. A1 Said To Have Demanded Rs.60/- For That Purpose. PW.2 Expressed His Inability And Difficulty. A1 Instructed PW.2 To Bring THE Said Amount On 27.08.1991.

(3.) AT 10.05 A.M, PW.11 Along With His Raiding Party Including P.Ws.2,3 And Others To Kondappanaickenpatty Village And Reached The Said Village AT 10.30 A.M. Thereafter PW.11 Instructed PW.2 To Go To A1's Office Along With PW.3. The Raiding Party Were Waiting Near The Office Of A1 In The Main Road AT The Bus Stop.