SIMPSON Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the accused challenging the judgment of conviction under Section 7 and 13 (2) r/w 13(1)(d ) of P.C., Act, 1988.

(2.) The defacto complainant one Shanmugavel[PW2], who hails from Adi-Dravidar community, married one Dhanalakshmi [PW10] who belongs to Sengunthar community. Since he wanted to get intercaste marriage certificate, he approached the Tahsildar Office, Kancheepuram. At the Thasildar office the defacto complainant[PW2] was referred to the Revenue Inspector, Tmt.Baby Indira[PW7], who in turn directed the defacto complainant[PW2] to produce marriage registration certificate. Thereafter, the defacto complainant [PW2] got his marriage register certificate vide Ex.P7 and submitted his marriage certificate issued by PW5[Mr.Jayakumar, Sub Registrar] to PW7[Tmt.Baby Indira]. Thereafter, he met one Niranjan, B2 Clerk at Kancheepuram Taluk Office and enquired about his intercaste marriage certificate.

(3.) It appears that the said Nirajan has demanded Rs.1,000/- as illegal gratification to issue intercaste marriage certificate. After 10 days, again, PW2[Mr.Shanmugavel] had gone to Tahsildar Office. This time, he met the accused. The accused, after knowing that the defacto complainant[PW2] belongs to his community, asked him to come on 10.12.2010. Since the defacto complainant[PW2] was not inclined to give any bribe to get his certificate, he had given a complaint to the Deputy Superintendent of Police, Vigilance and Anti-Corruption Office, Kancheepuram, reporting that a person at Tahsildar Office is demanding bribe of Rs.500/- for issuing intercaste marriage certificate. Based on the said complaint dated 10.12.2001 marked as Ex.P8, a trap has been laid. After procuring two official witnesses, the trap laying team led by PW12 [Mr.Theertharappan, Deputy Superintendent of Police] had gone to the Tahsildar Office. PW2 [Mr.Shanmugavel] and PW3 [Mr.Vannamathivanan] met the accused and the accused received Rs.500/- from PW-2[Mr.Shanmugavel], which was smeared with phenolphthalein. However, returned back three hundred rupees note plus one fifty rupee note to the defacto complainant [PW2] saying since he belongs to his community Rs.150/- is enough. On receiving the pre-arranged signal, the trap team went to the accused seat and recovered two numbers of hundred rupees note from the table drawer of the accused. Before recovering the money, they have conducted phenolphthalein test on the hands fingers of the accused which turned pink in colour. The samples were drawn from the solution and labelled. After completion of investigation, the prosecution has laid final report. Based on the final report, the trial Court has framed two charges. 1. under Section 7 of the Prevention of Corruption Act, 1988 for demand and acceptance of Rs.150/- from the defacto complainant on 10.12.2001 to issue intercaste marriage certificate and for obtaining pecuniary advantage by abusing his official position under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.