(1.) The State is the appellant herein. The appeal against acquittal is directed against the order of the Special Judge and Chief Judicial Magistrate, Thiruvallur passed in Spl.Case No. 6 of 2009, dated 23.12.2016.
(2.) The prosecution against the respondent/accused Mr.G.Chandrasekaran, Inspector of Police attached to Poonamallee Police Station was the outcome of investigation based on the complaint (Ex.P-2) dated 17.12.2008 given by one D.Suresh Kumar, S/o Dhanabal Naicker (PW-2). According to the complaint on 07.12.2008, the Inspector Mr.Chandrasekaran/respondent/accused demanded Rs. 25,000/- and later, reduced it to Rs. 10,000/- as illegal gratification for doing him a favour, namely, not registering the complaint of one Kanchana lodged against Suresh Kumar under Section 307 IPC, but for lesser offences under Sections 342, 324, 506(ii) IPC and Section 4 of Prevention of Women Harassment Act, the respondent has registered the case, though he could have booked him under Section 307 IPC.
(3.) In furtherance of the complaint Ex.P-2, Inspector, Mr.J.Vijay Anand (PW-7) registered the complaint and a trap was laid to catch hold of the accused while he receive the bribe money. On 17.12.2008, at about 15.00 to 15.10 hrs at Poonamallee Police Station, the de facto complainant gave the tainted money of Rs. 10,000/- to the accused in the presence of Mr.K.Thiyagarajan (PW-3) and the accused received it, counted and kept it in his right side pant pocket. After receiving the pre-arranged signal from PW-2[Mr.D.Sureshkumar], the trap team led by PW-7[Mr.J.Vijay Anand], recovered the tainted money from the accused, after conducting phenolphthalien test.