CHANDRASEKAR(DIED) AND OTHERS Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment passed by the Chief Judicial Magistrate-cum-Special Judge, Krishnagiri in Spl.C.C.No.46 of 2007 holding both the accused K.Chandrasekar(A1) Senior Grade Inspector and E.Vijaya (A2) Assistant Commercial Tax Officer working at Hosur Commercial Tax Check Post guilty of the offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The trial Court sentenced the accused to undergo six months Rigorous Imprisonment and to pay a fine of Rs. 1,000/- in default to undergo one month Simple Imprisonment for the offence under Section 7 of the Prevention Corruption Act, 1988 and to undergo one year Rigorous Imprisonment and to pay a fine of Rs. 1,000/- in default to undergo one month Simple Imprisonment for the offence under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. Aggrieved by the said conviction and sentence, the legal representatives of Chandrasekar (A1) had preferred Crl.A.No. 333 of 2017 and the second accused Vijaya had preferred Crl.A.No.735 of 2016.

(2.) The facts leading to these appeals are as follows:

(3.) On 17.08.2005 at about 01.37 p.m., Chandrasekar(A1) called the defacto complainant Srinivasan @ Prakash over phone and told him that believing his words, he has released his lorry, but he has come to Hosur to pay the money. When Srinivasan @ Prakash said that he was able to come to Hosur because of the demise of his relative, Chandrasekar(A1) told to call him back at 04'0 clock. Accordingly, at 04.10 p.m. the defacto complainant Srinivasan @ Prakash contacted the Hosur check post. A2 (Vijaya) answered the call and she enquired what happened to the money demanded and gave over the phone to Chandrasekar(A1). Chandrasekar(A1) told Srinivasan @ Prakash that he should come to the commercial tax check post, Hosur on the next day and should give Rs. 7,000/- as bribe. Srinivasan @ Prakash was inclined to give bribe of Rs. 7,000/-. So, he went to Dharmapuri Vigilance and Anti-Corruption Office, after explaining the events, gave a written complaint to the Inspector on 18.08.2005 at 07.30 p.m.