R GOPALAKRISHNAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant/accused against the judgement passed by the trial Court finding him guilty under Section 7 of Prevention of Corruption Act, 1988 and convicting and sentencing him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 500/-, in default of payment of fine to undergo one month Rigorous Imprisonment and also finding him guilty under Section 13 (2) r/w 13(1) (d) of prevention of Corruption Act, 1988 and convicting and sentencing him to undergo Rigorous Imprisonment for one year and to pay a fine amount of Rs. 500/-, in default to undergo one month Rigorous Imprisonment. The trial Court ordered the entire sentence to run concurrently and the period already undergone by the appellant/accused was directed to be set off under Section 428 Cr.P.C. The appeal has been filed challenging the order of conviction and sentence.

(2.) The appellant/accused in this case is one Mr.R.Gopalakrishnan, Telephone Mechanic, BSNL, Peruntholuvu Telephone Exchange, Tirupur.

(3.) The case of the prosecution according to the final report filed by the prosecution in brief is that one Mr.K.R.Kumar, a resident of Pillaiarkadu, Sivanmalaikoundampalayam, Pollikallipalayam Post, Tirupur, who is the subscriber of telephone No.2359474 submitted an application dated 007.2006 at the office of BSNL, Tirupur, for shifting of his telephone service from his old residence to his new residence falling under the same locality. On 107.2006, work order to effect shifting was issued by the Commercial Section of BSNL, Tirupur. Since Peruntholuvu Telephone Exchange under which the residential premises of K.R.Kumar located functions under the control of SDE (Groups) and JTO (Groups) of Mudalipalayam Exchange the request for shifting was communicated to Mudalipalayam Telephone Exchange, Tirupur.