M MOIDUNNI @ MOUDEEN Vs. STATE

JUDGEMENT

(1.) The sole accused in Special Case No.6 of 2003 on the file of the learned Special Judge/Chief Judicial Magistrate, Coimbatore, is the appellant herein. He stood charged for the offences under Sections 7 & 13(2) r/w 13(1)(d) of The Prevention of Corruption Act. When the appellant was questioned as to the charges, he pleaded not guilty and therefore, he was put on trial. The learned Special Judge, after full-fledged trial, found the appellant guilty for the offences under Sections 7 and 13(2) r/w 13(1)(d) of The Prevention of Corruption, 1988. The appellant was accordingly convicted and sentenced to undergo rigorous imprisonment of One year to each offence and to pay a fine of Rs.1000/-to each offence in default to suffer simple imprisonment each for a period of six months for the offences under Sections 7 & 13(2) r/w 13(1)(d) of The Prevention of Corruption Act, 1988 and ordered the above said sentences shall run concurrently. Challenging the above said judgment of conviction and sentence, the appellant is before this court with this criminal appeal.

(2.) The case of the prosecution is as follows :

(3.) On 09.01.2003 at 4.27 p.m., the appellant as a public servant, misused his official capacity, demanded and accepted bribe money of Rs.1000/-as illegal gratification from P.W.2/Sethuraman. Therefore, the appellant had committed an offences under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act.