SARGUNAM W/O LATE KUPPURAJ Vs. STATE

JUDGEMENT

(1.) This appeal is arising out of the judgment of conviction and sentence imposed by the Special Court for Cases under Prevention of Corruption Act, Chennai in C.C.No.86 of 2011 dated 14.06.2016.

(2.) The brief facts of the prosecution case is that Kuppuraj while working as Assistant Engineer, Division-74, Zone-5, Corporation of Chennai had demanded at Rs. 10,000/- from R.Thiyagarajalu as illegal gratification to process road cutting permission, which is necessary for providing metro water supply sewerage connection to him. The alleged demand was made on 01.04.2009. Tr.Thiyagarajalu, who was not inclined to give bribe to get his application processed, had given a complaint to the Vigilance and Anti-Corruption Department at Chennai, which was received at 17.30 hrs on 01.04.2009 and the case was taken up for investigation.

(3.) Tr.K.Jeevanantham, Inspector of Police, Vigilance and Anti-Corruption Department has registered the First Information Report. On 02.04.2009 at 7.30 hrs in the presence of two official witnesses namely V.Ranganathan and T.M.Govindaraj, he has demonstrated the significance of phenolphthalein test. The bribe money of Rs. 10,000/- produced by the defacto-complainant was smeared with phenolphthalein. After noting the currency number, Entrustment Mahazar was prepared in the presence of the said witnesses and tainted currency was handed over to the defacto-complainant. The defacto-complainant along with accompanying witnesses, Thiru Govindaraj and Thiru. Ranganathan went to the office of the appellant at Chennai 106, MMDA Colony, No.13, MGR Nagar, 3rd street at about 145 hrs. On receipt of prearranged signal from the defacto-complainant, the trap team had entered the room of the deceased appellant at 155 hrs and had recovered the tainted money found on the table of the appellant kept in kerchief and concealed under a file. After conducting phenolphthalein test, the appellant has been arrested.