R. KANNAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant herein is the accused tried for the offence under Section 7 r/w 13(1)(d) of the Prevention of Corruption Act in special case No. 5 of 2006 on the file of learned Special Judge, Chief Judicial Magistrate, Chengalpattu.

(2.) Aggrieved by the judgment of conviction and sentence the present appeal is filed.

(3.) Brief facts leading to the appeal is as under:- 3. 1. One Thiru. Jagir Hussain, son-in-law of Ameena Beevi lodged a complaint to the respondent police on 31.01.2005, alleging that one Thiru. Kannan, appellant herein working as surveyor had demanded bribe of Rs. 7,000/- to effect mutation of patta records in respect of 37 cents of land in Survey No. 178/2 Thirukazhukundram Village which stood in the name of Ameena Beevi. Hence, the trap was laid and the accused was held red handed while accepting the bribe amount of Rs. 7,000/- on 31.01.2005. The prosecution, to prove the case, has examined 12 witnesses, 14 exhibits were marked and 5 material objects. 3. 2. PW.2 the defacto complainant Jagir Hussain has deposed that on 31.08.2004 on behalf of his mother in law Ameena Beevi he gave a requisition letter for change of Patta to the Tahsildar at Thirukankundram Taluk Office. The accused who was working as Firkha Surveyor at that time, came to measure the land after one month. Thereafter he went to the Taluk Office and enquired the accused about his petition. At that time, the accused has demanded Rs. 10,000/- as bribe. When the defacto complainant expressed his inability to give Rs. 10,000/- as bribe, the accused has reduced his demand to Rs. 7,000/- and alleged to have been stated that only if bribe is given he will arrange for change of patta. Since [PW.2] was interested in giving bribe, he has given the complaint to the Vigilance and Anti corruption police which is marked as Ex.P.2. His complaint was registered and a First Information report was laid on 31.01.2005. He arranged Rs. 7,000/- through his friend Meera Sha from Kanchipuram and gave the trap money to the police. After smearing phenolphthalein on the currencies in the presence of two witnesses. A pre-trap Mahazar was prepared by conducting phenolphthalein test and thereafter the money was kept in his shirt pocket by trap laying officer. He was ask to go to the Taluk Office and if the appellant demands money, he was advised to give the tainted money to him. One Mr. Inbanathan [PW.3] was ask to accompany PW.2 to over-see the transaction between PW.2 and the appellant.