STATE Vs. R MOHANDAOSS

JUDGEMENT

(1.) THIS Criminal Appeal is filed against the judgement dated 24. 4. 2002 passed by the I Additional District Judge Cum Chief Judicial Magistrate, Coimbatore in scc. No. 12/2000 acquitting the Respondent from the charges levelled against him.

(2.) THE Respondent/accused, who was working as Overseer at Madathukulam panchayat Union, Coimbatore District was charged for the offences punishable under Sections 7, 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act (herein after referred to as the Act ).

(3.) WHILE the Respondent/accused was working as Overseer at Madathukulam panchayat Union, Coimbatore District, he demanded Rs. 3,000/- as an illegal gratification for preparing the bill from one Alagirisamy, who is a registered contractor at Madathukulam Panchayat Union, for the completion of work of providing road at Kadathur Indira Nagar, Harijan Colony under special maintenance work in July 1998. When Alagirisamy explained his inability to spend such an amount, the Respondent had reduced his demand to 1,000/- and pursuant to the said demand, the accused accepted the said sum as an illegal gratification on 05. 1. 1999 at his office in the Engineering Section. The Respondent pleaded not guilty and sought for trial. The prosecution examined Pws. 1 to 12 and marked exs. P1 to P37 in support of the charges. The Respondent denied the charges and stated that he was falsely implicated.