M. CHIDAMBARAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE conviction and sentence dated 19.2.2002 passed in Special Calendar Case No. 3 of 1995 by the Additional District -cum -Chief Judicial Magistrate Court, Pudukkottai, are now under challenge.

(2.) THE contraction of the prosecution case is that during the relevant period, the first accused viz., Jayaprakash Narayanan has served as Revenue Inspector, Gandarvakottai Firka, Pudukkottai District. The second accused has served as Village Administrative Officer of Thachankurichi village, Gandarvakottai Taluk and both the accused are public servants as defined under Section 2 (c) of the Prevention of Corruption Act, 1988. On 21.7.1994, the complainant viz., Manoharan has submitted a petition to the Assistant Director of Mines, Pudukkottai for getting licence so as to take gravel from a patta land and on 23.8.1994 he approached the second accused for getting copies of Chitta, Adangal, F.M.B. Extract, etc., and the second accused has demanded a sum of Rs. 2,000 as illegal gratification for himself and on behalf of the first accused. On 24.8.1994, the complainant has met the first accused and he has also demanded the said amount of Rs. 2,000 from the complainant. On 26.8.1994, the complainant has met the first accused and stated his inability to pay Rs. 2,000. The first accused has reduced the quantum of amount to the tune of Rs. 1,500 and directed the complainant to pay the same on 29.8.1994. The second accused has also accepted the amount fixed by the first accused and directed the complainant to pay the same either to him or to the first accused. On 29.8.1994, the complainant has given the complaint which has been marked as Ex.P.2 to the Vigilance and Anti -corruption Cell, Pudukkottai and as per the direction of the Inspector of Police, Vigilance and Anti -corruption, the complainant and trap witness by name Subramanian have met the first accused on the same day at about 7.35 p.m. at Deputy Thasildar's Quarters in Gandarvakkottai. The first accused has demanded and obtained the said amount of Rs. 1,500 from the complainant as illegal gratification. Under the said circumstances, the accused have committed offences under Section 7 of the Prevention of Corruption Act, 1988 read with 34 of the Indian Penal Code and also under Section 13 (2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and also under Section 201 read with 511 of the Indian Penal Code.

(3.) AFTER occurrence, P.W.9, Inspector of Police, Vigilance and Anti -corruption, Pudukkottai and P.W.10, another Inspector of Police of the same Cell, have conducted investigation and after completing the same, laid a final report on the file of the trial Court.