S D AMALRAJ Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the accused as against the judgment, dated 3. 4. 2002 passed in C. C. No: 17 of 1999 on the file of the learned Additional District Judge cum Chief Judicial Magistrate, Sivagangai, and to set aside the conviction under Sections 7, and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and sentence imposed upon him to undergo one year rigorous imprisonment for each of the offence and to pay a fine of Rs. 2000/=, for each of the offence and in default to undergo 2 months rigorous imprisonment.

(2.) THE brief facts of the case are as follows:-P. W. 2 Gunalan who is the Correspondent of Amaravathy Primary School at kallal had applied for Licence fro running the school for which he has given an application to the appellant/accused on 15. 7. 1998. The appellant asked P. W. 2 to come after 10 days and two others occasions whereby he was informed by the deputy Tahsildar. It is further alleged that on 13. 8. 1998 at 11. 00 a. m. , P. W. 2 met the appellant and he replied that he could issue licence only after inspection of the building. On 17. 8. 1998 the appellant inspected the building and asked P. W. 2 to come to the office after one week. It is further alleged that on 28. 8. 1998 at 11. 00 a. m. , P. W. 2 went to the Taluk Office and met the appellant and that the appellant told him that he has signed the licence and it will be given to him on payment of Rs. 1000/=. Again, on 6. 10. 1998 it is alleged that PW. 2 went to the office of the appellant along with his friend P. W. 3 karvannan and met him at 5. 00 pm. , Then also, the appellant demanded Rs. 1,000/=, when agreed by P. W. 2, the appellant had told PW. 2 to come to his house between 7. 00 p. m. , and 9. 00 pm. ,

(3.) IT is the further case of the prosecution that since P. W. 2 was not willing to give bribe, he went to the respondent's office along with his friend p. W. 3 and gave Ex. P. 7 complaint which he signed in the presence of Inspector of police, Vigilance and Anti Corruption, Sivagangai at about 2. 30 pm. , on 7. 10. 1998. The Inspector of Police asked P. W. 2 to come at 4. 00 pm. , and that p. W. 2 went to the Respondent's office at 4. 00 p. m, where he was introduced to p. W. 4, Chinnathambi and one Krishnaraj, Official witnesses. The usual procedures were followed by the Inspector of Police and asked P. w. 2 whether he has brought rs. 1000/= and P. W. 2 gave the same to the Inspector. The Inspector asked krishnaraj to count the currency and he counted (Ten hundred rupee notes) and placed it on the table. The Inspector prepared Sodium Carbonate Solution and a demonstration of Phenolphthalein test was conducted for which Mahazars were prepared at 4. 45 pm. , which is marked as Ex. P. 9.