P SUBBURAJ Vs. STATE

JUDGEMENT

(1.) THE accused P.Subburaj stood charged with offences punishable under old section 161 of the Indian Penal Code and under section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947. THE Trial ended in his conviction under those two penal provisions. He was sentenced to six months rigorous imprisonment for offence under section 161 of the Indian Penal Code and rigorous imprisonment for six months and to pay fine of Rs.500/= for offence under section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947. Aggrieved by the above verdict of the Trial Court, the present appeal has been preferred by the accused. Case of the prosecution:-

(2.) THE accused P.Subburaj was functioning as Junior Assistant in the office of the Director of Accounts (Tamilnadu Postal Circle), Commander-in-Chief Road, Chennai. THE complainant C.Natarajan (PW2) is a resident of Kadapperi Village in North Arcot District. He was badly in need of a job. He approached the accused P.Subburaj on 6.9.1987 through his friend to secure a job for him. THE accused assured PW2 that he would secure a Nominal Muster Roll (NMR) job in the office of the Public Works Department at Vellore.

(3.) PW2 was not willing to pay the gratification of Rs.500/= demanded by the accused to secure an order of appointment. He proceeded to the office of the Central Bureau of Investigation at Chennai and gave a complaint, Ex.P2 to the Superintendent of Police, Central Bureau of Investigation, Chennai on 13.10.1987. The Inspector of Police, Mr.V.A.Mohan, PW5 registered a case in R.C.No.71 of 1987 based on the complaint given by PW2 under section 161 of the Indian Penal Code.