K. THAMBIRAJA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in Special Calendar Case No.2 of 2013 on the file of the learned Sessions Judge, Karaikal and he stood charged for the offence under Sections 7 and 13(2) of the Prevention of Corruption Act. By judgment dated 11.09.2015, the trial court convicted him under both the above Sections and sentenced him to undergo rigorous imprisonment for two years under Section 13(2) of the Prevention of Corruption Act and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for three months. No separate sentence was imposed under Section 7 of the Prevention of Corruption Act. Challenging the said conviction and sentence, the appellant/sole accused is before this Court with this appeal.

(2.) The case of the prosecution is that on 20.10.2011 at Traffic Police Station, Karaikal, the accused K. Thambiraja, H.C.1485 attached to Traffic Police Station, Karaikal received illegal gratification other than legal remuneration to a tune of Rs. 4,200/- from one V. Kalaiselvam, an accused in Crime No.91 of 2011 under Sections 279 and 337 IPC of Traffic Police Station, Karaikal, for releasing him on station bail and for returning his motorcycle bearing Registration No. PY-02-J-3002 involved in the motor accident case and he also received illegal gratification of Rs. 3,500/- from one S.Baskaran to release his son Asaithambi, an accused in Crime No.14 of 2010 under Sections 279 and 338 IPC of Traffic Police Station, Karaikal on station bail and for returning his motorcycle bearing Registration No. PY-02-D-9083 and further, he received illegal gratification of Rs. 5,000/- from one Velmurugan, an accused in Crime No. 84 of 2010 under Sections 279 and 337 IPC of Traffic Police Station, Karaikal, for releasing him on station bail and for returning his motorcycle bearing Registration No. PY-02-H-9001 and he also received an illegal gratification of Rs. 7,000/- from one R. Muthamaizh, an accused in Crime No. 104 of 2010 under Sections 279 and 338 IPC of Traffic Police Station, Karaikal, for releasing him on station bail and for returning his motorcycle bearing Registration No. PY-01-X-8021 as a reward for showing some favour to the said accused in the exercise of his official function and hence, the accused appears to have committed an offence punishable under section 7 of the Prevention of Corruption Act, 1988 and also the accused herein was habitual in receiving bribe from other accused as a reward to show some favour as mentioned in Section 7 of the said Act and thereby, committed misconduct as defined under Section 13 and rendered himself liable to be punished under section 13(2) of the Prevention of Corruption Act, 1988.

(3.) In order to prove the case of the prosecution, before the trial Court on the side of the prosecution, P.Ws.1 to 17 were examined and Exs.P1 to P19 have been marked. On the side of the defence, neither oral nor documentary evidence was adduced.