STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION Vs. E.VELUSAMY FORMERLY HEAD CONSTABLE

JUDGEMENT

(1.) The respondent was tried before the learned Chief Judicial Magistrate cum Special Judge, Sivagangai on the allegation that the respondent, when was working as the Head Constable received illegal gratification of Rs.300.00 from the de facto complainant. The respondent was charged for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. The trial Court has found that the prosecution has not proved its case beyond reasonable doubt and therefore extending the benefit of doubt to the respondent, acquitted from the respondent from the charges. Aggrieved against the judgment of the trial Court, the State has preferred the present appeal.

(2.) The case of the prosecution is that on 08.01.2005, when the accused was on duty, one Jeya gave a complaint against Kumaraih. For not registering a case, the accused said to have demanded Rs.500.00 as bribe. Further the prosecution stated that the said Kumariah has told the accused that he had to accompany his wife for treatment at the hospital in Madurai, but the accused had not heeded to the same, having left with no other option Kumariah told the accused that after returning from hospital he would pay the money and on 13.01.2005 at about 03.00 p.m when the said Kumaraih was travelling near Thirupuvanamkottai, the accused demanded the said sum. For which, Kumaraiah told him that he would pay the money in two days and on 17.01.2005, Kumaraiah went for job in LMS sound service at about 10.00a.m, the accused again demanded the said sum of Rs.500.00 and threatened him that he would register a case against him. After that the accused told Kumaraiah that he would wait near Thriupuvanamkottai and asked Kumaraiah to pay at least Rs.300.00 and again threatened him. Further on 17.01.2005 at about 06.30 p.m near Madurai Mandapam Road, when the accused saw the said Kumariah, he again demanded the said sum and received a sum of Rs.300.00 and by this act the accused committed an act of obtaining bribe and hence a case punishable under Sections 7 and 13(1)(d) r/w 13(2) was registered against the accused.

(3.) After filing charge sheet, the learned Chief Judicial Magistrate cum Special Judge, Sivagangai received the charge sheet and taken on file in Special C.C.No.01 of 2006 and after completing the procedural formalities framed charges against the respondent.