C RUKMANGATHAN Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal filed under Section 374(2) of the Code of CRIMINAL Procedure, against the judgment dated 27.03.2006 in Special Case No.1 of 2001 on the file of the learned Chief Judicial Magistrate, Cuddalore.)This is an unfortunate case, where the appellant, who served as a Commercial Tax Officer, was convicted for an offence under Section 7 of the Prevention of the Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- with usual default sentence even when all the material witnesses were turned hostile to the version of the prosecution.

(2.) ON the side of the prosecution, 16 witnesses were examined and 30 exhibits and 11 material objects were marked. Neither oral nor documentary evidence was produced on the side of the accused.

(3.) LEARNED Chief Judicial Magistrate, Cuddalore, having adverted to the evidence on record, chose to acquit the accused for an offence under Section 13(2) read with 13(1)(d) of the Act, but convicted the accused under Section 7 of the said Act and sentenced him as detailed supra.