KASINATHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge has been made by the appellant/accused to the judgment of the learned XIII Additional Sessions Judge (Special Judge fro CBI Cases), City Civil Court, Chennai, in C.C.No.5 of 2009 dated 11.01.2012, in and by which, he was convicted for the offences u/s. 7 and 13[2] read with 13[1][d] of the Prevention of Corruption Act, 1988, and was sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default, to undergo 3 months rigorous imprisonment for the offence u/s.7 of the Prevention of Corruption Act and was sentenced to undergo 4 years rigorous imprisonment and to pay a fine of Rs. 5000/- and in default, to undergo 4 months rigorous imprisonment for the offence u/s.13[2] read with 13[1][d] of the said Act. The sentences were ordered to run concurrently.

(2.) The charges levelled against the appellant/accused are that, while the appellant/accused was working as a Part Time Sweeper in Punjab National Bank, Tiruvambattu Branch, Villupuram District, on two occasions, viz., 29.10.2008 and 30.10.2008, demanded illegal gratification of a sum of Rs. 5000/- other than the legal remuneration, from the complainant [P.W.2] for obtaining the Educational Loan from the Bank and also accepted the same, by abusing his official position and misusing the office.

(3.) The case of the prosecution, in brief, is as follows:-