S. UMAIDURAI Vs. THE STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by S.Umaidurai appellant/accused in Special Case No.36 of 2014, dated 02.09.2014 on the file of the learned Special Court for [Prevention of Corruption cases], Villupuram. The appellant was found guilty for offences under Sections 7 and 13(2) r/w13(1)(d) of Prevention of Corruption Act, 1998 and sentenced to undergo one year R.I and fine of Rs.1,000/- for each of the offences in default to undergo S.I for three months.

(2.) The appellant/accused was working as Village Administrative Officer in Vasudevanur Village, Kallakaurichi Taluk, Villupuram District between 01.12006 to 15.10.2008. On 11.10.20008 at about 5.30p.m Saravanan son of Venkatachalam approached the accused/appellant for disability certificate to get Physically Handicapped Pension (PHP). The accused/appellant had demanded initially Rs.2,000/- as illegal gratification to recommend the defacto complainant [Saravanan] for Physically Handicapped Pension Scheme, later he has reduced the demand to Rs.1,500/-.

(3.) Thiru. Saravanan who was not inclined to give bribe, had gone to the office of Deputy Superintendent of Police, Vigilance and Anti Corruption, Villupuram on 14.10.2008 at about 16.30 hours and given a complaint regarding demand of bribe against the VAO. The complaint was registered and taken up for investigation. A trap team was arranged on 15.10.2008 by the Trap Laying Officer Thiru.E.Venkatesan, Inspector of Police. The demonstration about the significance of phenolphthalein test in the presence of two witnesses namely G.Ashok [PW.3] and T.Rajan was conducted and the bribe money of Rs.1,500/- [one Rs.1000/- and one Rs.500/- currency] smeared with phenolphthalein was entrusted to Saravanan [PW.2]. He was instructed to give the tainted money to the accused only if the demands it.