MOHANMEDA BEE Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the learned Special Judge cum Judicial Magistrate, Villupuram in Special Case No.1 of 2007 dated 05.03.2012.

(2.) The brief facts leading to the appeal is that Tmt.Chitra, W/o. R.Selvam was serving as Nutritious Meal Organizer at Avanthur, Rishivanthiyam panchayat Union died in harness on 19.06.2005. As per the welfare scheme of the Government, the family of the deceased Government servant is entitled for the financial assistance of Rs.1,00,000/- if the Government servant dies in harness. Accordingly, Mr.R.Selvam, H/o Smt.Chitra had intimated the death of his wife to the Children Development Programme Officer, Rishvanthiyam and also requested for disbursement of Government financial assistance.

(3.) The case of the prosecution is that immediately on the death of Chitra to meet out her funeral expenditure Rs.5,000/- was disbursed to her husband and for the balance of Rs.95,000/-, Selvam was made to run from pillar to post. The accused/appellant was served as Child Development Officer, Rishivanthiyam block between 08.09.2005 and 28.12.2005 had kept the file pending expecting illegal gratification. On 27.12.2005, when Selvam met her at office, she demanded Rs.2,000/- as illegal gratification to pass the bill. Mr.Selvam was not inclined to give bribe and get the financial benefits. So, he approached to the Vigilance and Anti-Corruption office at Villupuram and give a complaint against the accused about the demand of illegal gratification. His complaint was taken up for investigation by the Inspector of Police on 28.12.2005. In the presence of independent witnesses, the trap laying officer has demonstrated the significance of phenolphthalein test and arranged for pretrap proceedings. He entrusted the bribe money of Rs.2,000/- spread with phenolphthalein to the Defacto-complainant Selvam. Entrustment Mahazar was also prepared in the presence of independent witnesses namely Padmanabhan and Karunakaran. Thereafter, the defacto complainant accompanying witness Padmanabhan had gone to Children Development Programme Office at Rishivanthiyam and had met the accused/appellant. They were followed by the trap team awaiting out side the office. At about 3.55 p.m., the defacto complainant-Selvam and the accompanying witness Padmanabhan came out of the office and give the prearranged signal to the traping. The trap laying officer enquired the accused/appellant, who was identified by the defacto complainant as the person who demanded and received bribe money from him. After conducting Phenolphthalein test in the hands of the accused/appellant, which proved positive to the presence of phenolphthalein in her hands. The sodium carbonate solution, which turned into pink on the accused dipping her hand, was collected for chemical analysis. Thereafter, the accused was introgated about the money she received from the defacto complainant. The accused took out Rs.2,000/- from her black colour rexine vanity bag and gave it to the trap laying officer. The chamber of the rexine where the tainted money was kept was subjected to the phenolphthalein test by dipping it in the sodium carbonate solution. The solution turned into light pink colour, the sample solution was drawn and sealed. The numbers in the currency recovered from the accused and the currency numbers already mentioned into entrusted Mahazar tallied. The explanation given by the possession of the tainted money was not satisfactory and therefore, she was arrested and remanded. In the course of trap proceedings, the records pertaining to the application made by the defacto complainant-Selvam, the cheque for Rs.95,000/- and other documents were seized. The recovery proceedings were reduced in writing by way of Mahazar in the presence of the independent witness and the accused. On completion of the investigation, final report was filed after obtaining sanction to prosecute the accused/appellant.