M ANANDARAJ Vs. STATE

JUDGEMENT

(1.) On the complaint dated 07.04.2000, [EX-P3], given by Senthil Kumar [PW- 2], M.Raju, [PW-12], the Deputy Superintendant of Police, Vigilance and Anti- Corruption, Thanjavur, registered a case in Crime No.1 of 2000, under Section 7 of the Prevention of Corruption Act, 1988, [for brevity, "the Act"], against Anandaraj, District Manager, TAHDCO, Thanjavur.

(2.) The allegation in the complaint is that the complainant belongs to Dalit Community; that the complainant was studying third year B.Sc.Zoology in Poondi Pushpam College; that his father Srirangam [PW-3] has four acres of land and also had taken the land on lease for cultivation; that one year back, the complainant's father - Srirangam [PW-3] applied for grant of financial assistance with TAHDCO for the purpose of purchasing agricultural tiller; that the complainant received a letter on 06.04.2000 from TAHDCO office; that the complainant's father and two guarantors, by name, Rengaiyan [PW-5] and Govindaraj [PW-4] went to TAHDCO office and met the cashier - Ramasamy [PW-6]; that the cashier Ramasamy [PW-6] asked them to see Karuppaiyan [A-2], the Assistant Manager; that Karuppaiyan [A-2] saw the communication and said that for processing the loan, they should pay a bribe of Rs.3,000/- [Rupees Three Thousand only]; that thereafter, they saw Anandaraj [A-1] and told him that Karuppaiyan [A-2] is demanding Rs.3,000/-; that Anandaraj [A1] asked everybody to go out and told the complainant that they should give Rs.1,000/- to him and Rs.2,000/- to others; that he should come with the money on the next day and see him; that his father and he are not keen on paying any bribe and hence, the complaint.

(3.) After registration of the First Information Report, M.Raju [PW-12], the Deputy Superintendent of Police, summoned two independent witnesses namely, Balasubramanian [PW-10] and Arivudai Nambi [not examined] and demonstrated to them the trap procedure and prepared the pre-trap mahazar [EXP-4]. Thereafter, the trap party led by M.Raju [PW-12], the Deputy Superintendant of Police, Senthil Kumar [PW-2], the de facto complainant, Balasubramanian [PW-10], the shadow witness and Arivudai Nambi, the other witness went to TAHDCO office; that PW-2 and PW-10 were instructed to go inside the office; that PW-2 and PW-10 first contacted Karuppaiyan [A2], the Assistant Manager, who is said to have told PW-2 to pay the money to Thangavelu [A3], Junior Assistant and accordingly, Rs.2,000/- [Rupees Two Thousand only] was given to Thangavelu [A-3]. Thereafter, PW-2 and PW-10 went into the room of Anandaraj [A-1] and PW-2 handed over Rs.1,000/- to Anandaraj [A-1] and thereafter, gave the pre-arranged signal.