LAWS(MAD)-2018-9-117

L SAMRAJ Vs. STATE BY INSPECTOR OF POLICE

Decided On September 05, 2018
L Samraj Appellant
V/S
STATE BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This appeal has been preferred by the victim of crime challenging his conviction and sentence by the trial Court.

(2.) The case of the prosecution is that the appellant was working as Junior Assistant in the District Registrar Office, Krishnagiri, and looking after the seat of Registration of Sangam from 111994 to 27.12006. Whileso, on 29.11.2006, he demanded a sum of Rs. 650/- as illegal gratification other than the legal remuneration from the defacto complainant Nagarajan to consider his application for registering the association formed by him in the name of "Rajiv Gandhi Elaingnar Sangam" and the appellant again made his demand for illegal gratification of Rs. 650/- on 20.12006 when the defacto complainant approached the appellant at his office. Again on 26.12006 when the defacto complainant approached the appellant with a request to reduce the amount, the appellant reduced his demand for illegal gratification from Rs. 650/- to Rs. 600/- inclusive of the registration fee of Rs. 155/-. The appellant demanded the payment of illegal gratification other than the legal remuneration of Rs. 445/- from the defacto complainant (PW1) as a motive or reward to consider his application for registration of his newly formed "Rajiv Gandhi Elaingnar Sangam".

(3.) In pursuance of the above said demand, on 27.12.2006 between 11:25 hrs. and 11:50 hrs., the appellant at his office, demanded and accepted a sum of Rs. 600/- from PW1 (defacto complainant) inclusive of the registration fees of Rs. 155/- in the presence of the accompanied official witness Mr.Balashanmugam (PW4), being illegal gratification other than the legal remuneration as a motive or reward to consider his application for registration of "Rajiv Gandhi Elaingnar Sangam" and thereby the appellant committed the offence punishable under Sections 7 and 13 (2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988.