STATE Vs. TR. L. MAHENDRAN

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State aggrieved by the judgment of the trial Court in C.C. No. 1 of 2008, dated 03.11.2010 acquitting the accused from the charges under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 against the respondent accused.

(2.) The case of the prosecution is that the accused Mahendiran Assistant Grade Revenue Inspector, CMDA, Koyembedu, while in-charge of Land Acquisition Wing, demanded Rs. 1,000/- to give cheque for Rs. 1,02,503/- towards the compensation money for land acquired to the erstwhile land owner T. Gopi [PW-2]. On 21.05.2007, based on the complaint given by T. Gopi [PW-2], a trap was laid. At about 1.30 p.m., the accused issued the cheque to T. Gopi [PW-2], in the presence of accompanying witness P.W.3 [Varadarajan]. Thereafter, came out from his seat and received the tainted money from T.Gopi[PW-2].

(3.) On receiving the pre-arranged signal from T. Gopi [PW-2], the trap team headed by K. Syed Razak [P.W.7], Inspector of Police, went to the accused introduced themselves and tested his right and left hands by dipping it in the sodium carbonate solution. The colourless solution turned into pink. The solutions were collected for analysis in the presence of witnesses. On enquiry about the receipt of money from T. Gopi [PW-2], the accused admitted and produced two five hundred rupees currency from his shirt pocket. The currency numbers tallied with the currency number found in the entrustment mahazar prepared earlier on that day at the office of District Vigilance and Anti-Corruption. After obtaining the sanction for prosecution from the District Revenue Officer, Tiruvallur a final report was filed. The accused was charged for the offence under Section 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988.