K JAYARAMAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this criminal appeal is to the conviction and sentence dated 18.04.2002 passed in Special Calendar Case No.1 of 1998, by the Additional District cum Chief Judicial Magistrate Court, Pudukkottai.

(2.) THE epitome of the prosecution case is that the accused by name Jayaraman has served as Junior Assistant, in the office of the District Manager, Tamil Nadu Adi Diravidar Housing and Development Corporation Limited (TADHCO), Pudukottai, during the relevant period i.e. from 17.07.1992 to 20.11.1996. He is a public servant within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988. THE complainant by name K.Tamilselvan, son of Karuppan belongs to Hindu Adi-Diravidar Community and on 08.08.1996 he submitted an application with all enclosures for getting a loan of Rs.77,360/- in Co-operative Land Development Bank, Annavasal so as to purchase a Xerox machine. On 25.07.1996 he submitted an application for sanctioning of marginal money and subsidy in the office of the District Manager, Tamil Nadu Adi Diravidar Housing and Development Corporation Limited, (TADHCO), Pudukkottai. THE special Officer, Co-operative Land Development Bank Ltd., Annavasal has sent Form-III to the Office of the District Manager, Tamil Nadu Adi Diravidar Housing and Development Corporation Limited, (TADHCO), Pudukottai. THE application of the complainant has been dealt with by the accused. On 07.11.1996 the accused has demanded Rs.3,000/- from the complainant by way of illegal gratification. On 19.11.1996 also the accused has demanded Rs.3,000/- from the complainant and then reduced the amount to the tune of Rs.2,500/- and also directed him to pay Rs.1,000/- as first instalment and the complainant has expressed his inability, but the accused has asked him to pay Rs.800/- as first instalment and further he directed the complainant to give the same on 19.11.1996 at about 3.00 p.m. by putting the same in a cover and accordingly, on the same date, the accused has received the said sum of Rs.800/- from the complainant and under the said circumstances, the accused is said to have committed offences under Sections 7 & 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) ON the side of the prosecution, PWs.1 to 10 have been examined and Exs.P1 to P24 and MOs.1 to 6 have been marked.