SP CHIDAMBARAM,(FORMER EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT Vs. STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The appellant Mr.SP.Chidambaram, Former Executive Engineer, Public Works Department suffered conviction and sentence made in Special Case No.3 of 2012 on the file of the Chief Judicial Magistrate/Special Judge, Ariyalur, dated 25.02.2016. This appeal is directed against the said judgment which has held the appellant guilty and sentenced to undergo 5 years Simple Imprisonment and to pay fine of Rs 25,000/-, in default to undergo further 1 year S.I for the offence under section 7 of the Prevention of corruption Act, 1988 and to undergo 7 years simple imprisonment and to pay fine of Rs.25,000/-, in default to undergo further 1 year S.I for the offence under section 13(2) r/w 13(1)(d) of the Prevention of corruption Act, 1988.

(2.) Brief facts of the case

(3.) Pw-2 [K.Sundararajan] was not interested in getting the Form by bribing the appellant. So, he went to the Vigilance and Anti-Corruption Office at Tirchy on 20.09.2001 and gave his written complaint (Ex.P-2) about the demand of illegal gratification by the appellant. Thiru. M.Sureshkumar (PW-12) Deputy Superintendent of Police of Vigilance & Anti-Corruption, Tirchy received the complaint and registered the First Information Report (Ex.P-16) at 11.45 am. He summoned Thiru. Lakshminarayanan (PW-3) and Sachidhanantham (PW-6) to Vigilance and Anti-Corruption Office to be the witnesses for the trap proceedings. On their arrival to the Vigilance and Anti-Corruption Office at 13.30 hrs, phenolphthalein-sodium carbonate solution demonstration was conducted in their presence. The unique numbers in the currency (25 numbers of 100 rupees notes) brought by PW-2 were noted and thereafter, the currency was smeared with phenolphthalein. The tainted money was given back to PW-2. Thiru.Lakshminarayanan (PW.3) was instructed to accompany PW-2 [K.Sundararajan] to P.W.D Office at Ariyalur. The pre trap proceedings and entrustment of tainted money were reduced into writing in the presence of the witnesses as entrustment mahazar (Ex.P- 4).