STATE Vs. R. GUNASEKARAN

JUDGEMENT

(1.) The State has filed the appeal against the judgment of acquittal passed by the learned III Additional Special Judge Incharge II Additional Special Judge, Chennai, in C.C.No.29 of 2006 dated 13.11.2009.

(2.) The case of the prosecution/appellant is that PW.6 has entrusted PW.1 - defacto complainant to safeguard his house at No.3, K.S.Colony, Beach Road, Besant Nagar, Chennai; In the month of June 2004, the electricity consumption charge (bimonthly) was noted in the EB Tariff Card as that of the preceding amount i.e., Rs. 20,993/-, as door was found locked; Since the actual units consumed during the period upto 20.04.2004 was 619 units only, a letter was addressed to the Assistant Executive Engineer stating the facts and requested to revise the bill as per the units actually consumed; In this connection, on 06.07.2004 and on 08.07.2004, when the defacto complainant met Mr. Gunasekaran (accused herein), then Revenue Supervisor, he demanded Rs. 500/- (Rupees five hundred only) for himself from the defacto complainant, for collecting the actual amount i.e., Rs. 1,900/- towards the actual units consumed as per the meter reading and received the same on 09.07.2004 at 12.45 p.m. at his office; hence, the accused appears to have committed an offence punishable under section 7 of the Prevention of Corruption Act, 1988 and also the accused herein has misused his job and received bribe and thereby, committed an offence punishable under Sections 13(2) r/w.13(1) of the Prevention of Corruption Act, 1988.

(3.) In order to prove the case of the prosecution, before the trial Court on the side of the prosecution, P.Ws.1 to 8 were examined, Exs.P1 to P11 and M.Os.1 to 3 have been marked. On the side of the defence, neither oral nor documentary evidence was adduced.