G. ANEETCHAN Vs. THE STATE

JUDGEMENT

(1.) This appeal is preferred by the sole accused in Special C.C. No. 4 of 2010 on the file of Principal Session Judge, (Special Court for Prevention of Corruption Act), Puducherry for being convicted for the offences under Sections 7 and 13 (2) r/w 13(1)(a) of the Prevention of Corruption, Act 1988, by judgement dated 07.03.2014 sentencing him to undergo four years Rigorous Imprisonment and fine of 25,000/- in default, to undergo one year Rigorous Imprisonment for the offence under section 7 of the Prevention of Corruption Act, 1988 and four years Rigorous Imprisonment and fine of 25,000/-, in default, one year Rigorous Imprisonment for the offence under Section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The pre-trap proceedings was arranged by the Trap Laying Officer Mr. G. Palaniappan [PW-8] on 25.02.2010 in the presence of witnesses and the defacto complainant [PW-2] along with accompanying witness Mr. V.A. Elanchetchenni [PW-3] went to the residence of the accused at Mannadipet at about 8.00 am, followed by the trap team. PW-2[Mr.Puthan] and PW-3[Mr. V.A. Elanchetchenni] met the accused and requested him to sign the trip sheets. The accused demanded and accepted the tainted money of Rs. 5,000/- from PW-2[Mr.Puthan] and thereafter, signed the trip sheet, without date. After receiving the money, the accused kept it under the bedsheet on the table. On receiving the prearranged signal from PW-2[Mr. Puthan], the trap team led by PW-8[Mr. G. Palaniappan] went to the house of the accused and conducted phenolphathelein test on the right and left hand fingers of the accused with sodium carbonate solution. The colourless solution turned pink, thereafter, the tainted money kept under the bedsheet spread on the table was recovered. The hand wash solution samples were sent to chemical analysis and found postive for the persence of phenolphathelien and sodium carbonate. After completion of investigation, the final report was filed, after obtaining the sanction from the competent authority to prosecute the accused.