STATE OF TAMIL NADU Vs. R.MURUGESAN

JUDGEMENT

(1.) The State has preferred this appeal against the Order of aquittal passed by the learned Special Judge for Prevention of Corruption Act Cases, Chennai, in C.C.No.152 of 2011.

(2.) The case of the prosecution is that the Respondent/Accused R.Murugesan while working as Inspector of Police, Central Crime Branch, Anti Land Grabbing Wing, at Egmore, Chennai, between February 2010 and November 2010, demanded Rs.2.00 lakhs bribe for not including one Mujibur Rahman in the case registered for land grabbing against one Rameshraj. The said case in Crime No.58 of 2009 had prima facie material through the statement of Rameshraj that from the crime proceeds of the land grabbing Rs.70 lakhs had been shared with Mujibur Rahman. So, based on the said statement, the respondent herein who was investigating the case, had called Mujibur Rahman over phone and asked him to meet at his office. Accordingly, on 11.11.2010 when Mujibur Rahman met the respondent herein it is alleged that he has demanded Rs.2.00 lakhs for excluding him in the case. When Mujibur Rahman has expressed his inability to mobilise such huge amount, the respondent/accused directed him to pay initially Rs.50,000/- on 12.11.2010 and the balance within 10 days. Not willing to give bribe, the defacto complainant lodged a complaint before the Deputy Superintendent of Police, V and AC, Chennai City-III. Based on which a case in Cr.No.1/AC/2010/CC-III for the offence under Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 was registered and trap was organized.

(3.) On 12.11.2010, at about 8.30 hours, when the defacto complainant Mujibur Rahman met the respondent/accused in front of the ironing shop near Rountana on the Model House Road, CIT Nagar, the respondent/accused reiterated his earlier demand and accepted Rs.50,000/- as bribe from the defacto complainant. This has been witnessed by the accompanied witnesses.