S. DHARMALINGAM Vs. STATE

JUDGEMENT

(1.) The sole accused, in S.C. No. 26 of 2006 on the file of the learned IV Additional Sessions Judge, Chennai is the appellant herein. He stood charged for offences under Sections 7, 13(2) r/w.13(1)(d) of Prevention of Corruption Act,1988. By the judgment dated 06.07.2010, the trial court convicted the accused under Sections 7, 13(2) r/w.13(1)(d) of Prevention of Corruption Act,1988 and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5000/- with defaulting sentence for three months under sections 7, 13(2) r/w.13(1)(d) of Prevention of Corruption Act,1988. Challenging the above said conviction and sentence, the appellant/accused is before this Court with this Criminal Appeal.

(2.) Based on the materials filed by the prosecution, the trial Court framed charges as mentioned in the first paragraph of the judgment and the accused denied the same. In order to prove its case, on the side of the prosecution, as many as 13 witnesses were examined and 14 documents were exhibited.

(3.) The case of the prosecution, in brief, is as follows:- P.W.2 Chandrasekar is working as a promotion executive in the company run by P.W.4 Vasudevan. P.W.4 is doing electrical contractor business and license for the above company required to renewed every two years and the license issued to his company has expired in June 2005. For the purpose of renewal of the license, P.W.2, on 18.7.2005, took 6 electric meters to the accused office for inspection. Thereafter on 19.07.2005, he paid necessary fees and meters were examined in respect of which Ex.P.2 certificate was also signed. Thereafter, when he went to the accused, who being Electric Inspector, to get his signature, the accused demanded Rs. 2000/- as bribe for signing in Ex.P.2. Immediately, P.W.2 informed the same to P.W.4. However, he had instructed P.W.2 to go to the office of the accused the next day and try to get the signature from the accused. Again, when P.W.2 went to the office of the accused on 20.07.2005, the accused again demanded Rs. 2000/-. Then P.W.2 again informed P.W.4 and he has instructed P.W.2 to give a complaint. According to that, on 22.07.2005 at 11.30 a.m., P.W.2 has lodged the complaint Ex.P.3 with P.W.8, the Sub Inspector of Police.