K G PREM KUMAR Vs. STATE REPRESENTED BY ADDITIONAL SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION DEPARTMENT

JUDGEMENT

(1.) The appeal against conviction and sentence is preferred by the sole accused in C.C.No.1507 of 1999 on the file of Special Judge cum Chief Judicial Magistrate at Srivilliputhur vide judgement dated 15.10.2008.

(2.) The appellant herein was found guilty by the trial court for the offences punishable under sections 7, 13(1) (d) r/w 13(2) and 12 (1)(a) r/w 13(2) of the Prevention of Corruption Act, 1988. The allegation which was found to be proved by the trial court is that, the appellant as godown Assistant in TASMAC godown, Virudhunagar had the habit of receiving illegal gratification by corrupt or illegal means abusing his official position for unloading IMFL bottles and to issue receipts for the same. In particular on 201.1998, he demanded and accepted Rs. 150/- from one K.Selvakumar, the owner of the lorry bearing registration number TAN3771 to issue receipt for unloading IMFL bottles. The trap laid based on the complaint given by Selvakumar led to recovery of tainted money Rs. 150/- and also Rs. 630/- not duly accounted, but found to be the bribe money collected from the representatives of the other lorry owners, who came to take delivery of IMFL bottles for their outlet.

(3.) To prove the charges, the prosecution has examined 17 witnesses. Through these witnesses 21 exhibits and 7 material objects were marked.