STATE Vs. RAGHUNATHAN AND ANOTHER

JUDGEMENT

(1.) This appeal is preferred by the State against the order of acquittal rendered by the learned Chief Judicial Magistrate-cum-Special Judge, Chengalpattu in Special Case No.4 of 2003, dated 03.06.2008.

(2.) The case of the prosecution is that Mr.P.L.Muthappan sought for transfer of patta in respect of his property at Melakottaiyur Village. When his accountant Mr.Manimaran approached the second respondent[R.Devadoss], who was Village Administrative Officer of the concerned village, 2nd respondent had told Mr.Manimaran to approach Zonal Deputy Tahsildar Mr.Raghunathan, who is the first respondent herein. Accordingly Mr.Manimaran met Raghunathan, who demanded bribe to effect patta transfer. Since the partition between brothers of Mr.P.L.Muthappan was not registered, to get over the same Mr.Raghunathan had demanded Rs.10,000/- as gratification to transfer the patta in the name of Mr.P.L.Muthappan. The demand of Rs.10,000/- was made when Mr.P.L.Muthappan and his wife Mrs.Chitradevi met Mr.Raghunathan at his house on 04.08.2001 and later, Mr.Raghunathan has reduced the bribe amount by Rs.2,000/-. On 208.2001 Mr.P.L.Muthappan contacted Mr.Raghunathan over phone and informed Mr.Raghunathan that consent affidavit from his brother is ready, and when to contract him Mr.Raghunathan has told Mr.P.L.Muthappan that he can send the affidavit along with bribe money of Rs.4,000/- through his accountant Mr.Manimaran. On transfer of patta, the balance amount of Rs.4,000/- should be paid. Since Mr.P.L.Muthappan was not inclined to give bribe for transfer of patta, he told his accountant Mr.Manimaran to lodge a complaint before DV and AC, Adyar.

(3.) Based on the complaint given by Manimaran (PW.3), First Information Report had been registered. In the presence of decoy witnesses, trap was laid. On 24.08.2001, the defacto complainant (Mr.Manimaran) along with the decoy witness Mr.Anantha Subramanian (PW-5) went to the Tahsildar office, Chenglepet. They were followed by the trap team led by Mr.Raja Srinivasan (PW-8). At around 05.30 p.m., Mr.Raghunathan has come to his office and asked Mr.Manimaran whether he had brought affidavit along with bribe money? When Mr.Manimaran responded in affirmative, Mr.Raghunathan asked Mr.Manimaran to hand over the affidavit to B2 Assistant Ms.Kousalya and the bribe money to Mr.R.Devadoss,(A2)Village Administrative Officer, who accepted it and kept in his left side pant pocket. Receiving the pre-arranged signal from Mr.Manimaran/defacto complainant, the trap team has entered into the office. After conducting test of his hands in sodium carbonate solution, the tainted money of Rs.4,000/- was recovered from Mr.Devadoss(A2) by the trap team. The hand wash of A2 collected and sent to laboratory, which was found positive to phenolphthalein. His left side pant pocket was also subjected to phenolphthalein test and the same proved postive.