S RAGAVENDRAN, S/O T S SRINIVASA RAO Vs. STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, DHARMAPURI

JUDGEMENT

(1.) The appellant herein is the accused who was tried for the offences under Section 7 and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988 and after trial, he was convicted for the offence under Section 7 of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1000/-, in default to undergo simple imprisonment for three months; convicted for the offence under Section 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for six months. However both the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that one Mr.Sugumaran, the defacto complainant, had constructed a shopping complex in Dhobi (Vannar) Street, Hosur Municipality after obtaining due planning permission. To assess the property tax for the said shopping complex, which consists of 9 shops, the accused S. Ragavendran, who was in charge of the area as Revenue Assistant / Bill Collector, Hosur Municipality, had initially demanded Rs.1,500/- per shop and later reduced it to Rs.1000/- per shop and subsequently reduced it to Rs.3,000/- as a consolidated payment to assess tax.

(3.) With this allegation the complainant Ex.P.1 dated 30.10.2003 had been lodged before the Deputy Superintendent of Police, Dharmapuri. Based on the complaint, after registering the First Information Report Mr.Muthusamy, Deputy Superintendent of Police-PW14 had taken up the investigation. After calling independent witnesses to be a witnesses for the trap proceedings he has prepared the pre-trap Mahazer and the trap money was entrusted to the defacto complainant Sukumaran. PW14 asked Sukumaran to proceed to the shop of PW1 along with PW3 and PW2-Prabhakaran and accordingly they accompanied him. The case of the prosecution is that at about 7.00 p.m on 30.10.2003, the accused came to the shop of PW1-Sukumaran and demanded the bribe money. When PW1 offered Rs.3,000/-, the accused received it and kept it in his shirt pocket. When PW1-Sukumaran offered Rs.7,000/- towards the tax, he returned it back saying that he would issue the assessment notice and thereafter collect it. After receipt of pre-arranged signal from PW1, the trap team surrounded the accused, recovered the tainted money from the shirt pocket of the accused person and had prepared Seizure Mahazer Ex.P.8. Immediately thereafter from the scene of trap they have gone to the office of the accused and from the table of the accused, the assessment order regarding the shopping complex owned by the defacto-complaint had been recovered under Mahazer Ex.P12.