A VENKATACHALAM Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment of conviction and sentence passed by the Special Court-cum-Chief Judicial Magistrate, Peramabalur in Special C.C.No.5/2000 dated 21.10.2009.

(2.) Based on the complaint (Ex.P.4) given by one Chinnappan on 16.10.2008, alleging that when he went to Taluk Office, Kunnam to get Death certificate of his wife Parvathi. The Record Clerk attached to Taluk Office, Kunnam received his application and the challan of Rs.5/- paid as fees for death certificate demanded Rs.60/- as bribe to issue the death certificate. He was not inclined to give bribe. So on 15.10.1998 he again went to the Taluk Office and met Chandrasekaran the Record Clerk, but Chandrasekaran had firmly told him, unless you give bribe you will not get the death certificate.

(3.) The Inspector of Vigilance and Anti corruption had received the above complaint and recorded the First Information Report at 9.15am and arranged for two witnesses. After demonstrating to the witnesses and the de facto complainant about the trap proceedings, the entrustment mahazar Ex.P.6 has been prepared. The bribe money of Rs.60/-, 2 twenty rupees note and 2 ten rupees note were smeared with phenolphthalein and entrusted to Chinnappan (PW.2). The defacto complainant (PW.2) at about 1.30pm along with the accompanying witness Kanagasabai (PW.3) had gone to Kunnan Taluk Office. They were followed by trap team. When Chinnappan met Chandrasekar (A-1) he had demanded and obtained Rs.60/- from Chinnappan (PW.2) in the presence of Kanagasaba (PW.3). After receiving the tainted money, A-1 counted it and given it to Venkatachalam (A-2) a private individual. The said Venkatachalam had kept the money in his pocket.