STATE Vs. R. PUSHPARAJ

JUDGEMENT

(1.) This Criminal Appeal has been filed by the State, aggrieved over the acquittal of the respondent/accused by the trial court for the alleged offence under Sec. 7, 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter called as PC Act).

(2.) The appellant/accused was working as a Firka Surveyor of Putlur Village in Thiruvallur Taluk. He was a Public Servant as per Sec. 2(C) of the PC Act. The charge against the accused/respondent herein is that he demanded a sum of Rs.1,000.00 from P.W.2-Vinayagamurty, who approached the accused to survey and issue patta for his house site in Putlur Village. The respondent/accused was caught red handed in the trap laid on 09.03.2000 when he accepted a sum of Rs.800.00 as illegal gratification, from the complainant for processing and issuing patta in respect of house cum vacant site of the complainant and was arrested. Thus according to the prosecution, the accused committed an offence punishable under Sec. 7 and 13(2) r/w.13(1)(d) of PC Act.

(3.) The trial court, after hearing the arguments of both sides and upon perusing the relevant documents, has framed the 1st charge under Sec. 7 of the PC Act and the 2nd charge under Sec. 13(2) r/w.13(1)(d) of the PC Act, against the accused and the same has been read over and explained to him. The accused has denied the charges and claimed to be tried.