G. PILLARCHETTY Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by A1 [Mr. N. Santhirasegaran] in C.C.No. 4 of 2008 on the file of the learned Chief Judicial Magistrate No. 1, Dharmapuri challenging the judgment of conviction and sentence passed against him for the offence under Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) Facts in brief leading to the appeal: Mr. Arumugham [PW.3], a Carpenter by profession in order to expand his profession, has approached the Electricity Board, Pennagaram for providing electricity service connection to run 18HP motor at his new premises located in the Bye pass Road, Pennagaram. When he met A1[Mr.G. Pillar Chetty] Additional Divisional Engineer(O&M) and A2 [Mr. M. Kanthan], Junior Engineer(O&M) on 22.01.2002 with his application, they have refused to receive it and have demanded Rs. 500/- and Rs. 250/- respectively. Also, he was directed to give the application along with agreement from the land owner duly signed by Munsif. Again, on 05.02.2002, PW-3[Mr. Arumugham] met A1[Mr. G. Pillar Chetty] and A2[Mr. M. Kanthan] and gave his application along with the documents required. Since he did not give bribe to A1[Mr. G. Pillar Chetty] and A2[Mr. M. Kanthan], they refused to receive it, but they demanded Rs. 500/- and Rs. 250/- respectively as bribe. Also, they informed PW-3[Mr. Arumugham] that unless he give money before 06.02.2002, his application will not be taken for processing.

(3.) Since PW-3[Mr. Arumugham] was not inclined to give bribe, he gave a complaint [Ex.P3] to the respondent police. On receipt of the complaint, PW-7 [Mr. Balan], District Superintendent of Police, Vigilance and Anti-Corruption, has registered First Information Report[Ex.P14]. After preparing entrustment mahazar in the presence of the witnesses, he had followed the de facto complainant [PW-3-Mr. Arumugham] and the accompanying witness Mr. C. Lakshmanan [PW-4] to the office of the accused. On 05.02.2002 at about 5.00 p.m., when PW-3 [Mr. Arumugham] and PW-4 [Mr. C. Lakshmanan] went to the Electricity Board Office, Pennagaram, A3 [Mr. N. Padmanaban] enquired PW-3 [Mr. Arumugham], whether he has brought all the documents along with the money demanded. When PW-3 answered in affirmative, A3 [Mr. N. Padmanaban] went inside A1 [Mr.G.Pillar Chetty]'s room and after some time, A3 came out from the A1's room and took PW-3[Mr. Arumugham] and PW-4[Mr. Lakshmanan] inside A1's room. A3 collected the application and gave it to A1. A3 demanded money from PW-3 [Mr. Arumugham] and received the tainted money Rs. 750/- from PW-3 [Mr. Arumugham] took Rs. 500/- and place it in the table drawer of A1 and retained Rs. 250/- with him. A1 saw A3 placing the tainted money in his drawer.