THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, TRICHIRAPALLI. (CRIME NO. 15 OF 1999) Vs. KRISHNAMURTHY

JUDGEMENT

(1.) The respondent/accused faced trial in Special Case No. 1 of 2001 before the Chief Judicial Magistrate-cum-Special Court, Karur, for offences under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and was acquitted on 30.12.2005, aggrieved by which, the State has preferred the present Criminal Appeal against acquittal after obtaining special leave.

(2.) Heard the learned Additional Public Prosecutor for the appellant and the learned counsel for the accused.

(3.) The factual matrix of the case is as under: 3. 1. The accused was working as Junior Engineer in Inam Karur Town Panchayat and that he had demanded bribe of Rs. 10,800/- from Ilanchezian (P.W.2) and Thirumalai (P.W.3), who were Contractors, for having cleared their bills to the tune of Rs. 1,80,000/-; that Ilanchezian (P.W.2) and Thirumalai (P.W.3) were not willing to pay the bribe and hence, they approached the Vigilance and Anti-Corruption Department; that Ilanchezian (P.W.2) gave a written complaint Ex.P.2 on 10.06.1999, based on which, Viswanathan (P.W.12), the Inspector of Police, Vigilance and Anti-Corruption registered a case in Crime No. 15 of 1999 under Section 7 of the Prevention of Corruption Act, 1988 and organized a trap by requisitioning the services of Vinayagamurthy (P.W.4) from Agricultural Department and Baskaran (P.W.11) from Dairy Development Department; that the trap laying officer explained the process of trap to Ilanchezian (P.W.2), Thirumalai (P.W.3), Vinayagamurthy (P.W.4) and Baskaran (P.W.11) and demonstrated to them the phenolphthalein and Sodium Carbonate tests, after which, he prepared a pre-trap mahazar Ex.P-4; that the trap party proceeded to the Office of the accused around 04.15 p.m on 10.06.1999; that Tihrumalai (P.W.3), to whom the tainted money of Rs. 10,800/- was given, was directed to proceed to the Office of the accused along with Vinayagamurthy (P.W.4), the shadow witness; that when they went to the Office, they did not find the accused and his office was locked; that the trap party waited for sometime and around 06.30 p.m., the accused came to the Office and thereafter, Thirumalai (P.W.3) and Vinayagamurthy (P.W.4), went inside and after sometime, they both came out and Thirumalai (P.W.3) gave the pre-arranged signal, pursuant to which, the Investigating Officer along with Ilanchezian (P.W.2), Baskaran (P.W.11) and other Police Officials zeroed in on the accused; that thereafter, the post-trap procedure of making the accused dip his fingers in Sodium Carbonate Solution etc., was done and the tainted money was recovered from him and that the accused was placed under arrest and after completing the investigation, Ambigabathi (P.W.14), the Deputy Superintendent of Police filed a final report in Special Case No.1 of 2001, which was taken on file by the learned Chief Judicial Magistrate-cum-Special Judge, Karur. 3. 2. On the appearance of the accused, he was furnished with the copies of the relied upon documents under Section 207 Cr.P.C. Charges for the offences under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 were framed and the accused pleaded "not guilty". 3. 3. To prove the case, the prosecution examined 14 witnesses, marked 47 Exhibits and 7 Material Objects. On behalf of the accused 8 Exhibits were marked and no witness was examined on his side. 3. 4. When the accused was questioned about the incriminating circumstances appearing against him under Section 313 Cr.P.C., he denied the same and gave some explanations. 3. 5. After considering the evidence adduced by the prosecution and hearing other side, the Trial Court has acquitted the accused by the impugned judgment in Special Case No. 1 of 2001 on 30.12.2005. Hence, the appeal.