MASANAM @ MUTHIAH Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Appeal is preferred by the sole accused challenging the illegality and correctness of the conviction and sentence imposed by the trial Court upon him for offence under Section 7 and 13(2) r/w 13(1) d of PC Act.

(2.) The appellant/ accused was a public servant employed as Assistant at Collectorate, Theni District. Between 05.03.2002 to 09.08.2002, he was working as E.I.Assistant in the Account Section at the Collectorate. One G.Thirukannan, Heath Inspector, Primary Health Centre, T.Chithailaiseri Kombai, Theni District applied for housing loan from the Government in the year 2002. The same was processed and the Collectorate informed about the sanctioning of Housing Loan to him to the tune of Rs.3,83,000/-. He was asked to furnish encumbrance certificate so that formal order and release of first installment towards building loan would be sanctioned.

(3.) On 07.08.2002, when G.Thirukannan met the accused /appellant Masanam requesting formal order, it is alleged that he demanded Rs.750/- to be paid on 09.08.2002 at his office. Initially, the accused/appellant demanded Rs.2,000/- and later reduced the bribe amount to Rs.750/-. Not willing to give bribe, the de facto complainant G.Thirukannan, lodged a complaint with the Inspector, Vigilance and Anti Corruption, Madurai on 09.08.2002 alleging that he applied for housing loan on 03.11.2000. The District Collector vide his proceedings dated 31.07.2002 sanctioned loan of Rs.3,83,000/- (Rupees Three Lakhs Eight Three Thousand only). He got the Encumbrance certificate for his property from 02.05.2000 to 31.07.2002 and submitted the same to the P.A., (Accounts) to Collector on 07.08.2002 at 12:00 hrs. He in turn directed him to meet Masanam(Assistant). When the de facto complainant met Masannam/the accused/ appellant herein, he demanded Rs.2,000/- as bribe to speed up the process of issuing formal order. When the de facto complainant G.Thirukannan expressed his inability to pay bribe, the accused told him that the said money is not only for him but it has to be shared with the Superintendent and P.A., to Collector. So, reduced the bribe amount to Rs.750/- and told him to contact him over phone on 08.08.2002.