R. VARADHARAJAN Vs. STATE

JUDGEMENT

(1.) The appellant in Special Case No. 01 of 2012 on the file of the Chief Judicial Magistrate Court and Special Court for Prevention of Corruption, Tuticorin, is the appellant herein. The appellant stood charged for the offences under Sections 7 & 13(2) r/w 13(1)(d) of the Prevention of Corruption Act . When the appellant was questioned as to the charges, he pleaded not guilty and therefore, he was put on trial. The learned Special Judge, after full-fledged trial, found the appellant guilty for the offences under Sections 7 and 13(2) r/w 13(1)(d) of The Prevention of Corruption, 1988. The appellant was accordingly convicted and sentenced to undergo 2-years Rigorous imprisonment and to pay a fine of Rs.3,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 7 of the Prevention of Corruption Act and 2-Years Rigorous Imprisonment and to pay a fine of Rs.3,000/-in default to undergo 3-months Simple Imprisonment for the offence under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and the said sentences shall run concurrently. Challenging the above said judgment of conviction and sentence, the appellant is before this court with this criminal appeal.

(2.) (i). P.W.1/Murugesan stated in his evidence that he was working as Survey Assistant Director and holding as Additional charge of Assistant Director from 01.08.2011 to 05.12.12 and on 17.11.2011, he received a letter along with copies of First Information Report and statement of witnesses from the office of Commissioner-cum-Director. He further stated that on 23.01.2012, Inspector of Police, Vigilance and Anti Corruption submitted the connected documents. After perusing the available documents, P.W.1/Murugesan accorded Ex.P.1/Sanction order to prosecute against the appellant.

(3.) The learned Special Judge, Chief Judicial Magistrate, Tuticorin, after completing the prosecution evidences, the incriminating circumstances was put to the appellant under Section 313(1)(b) of Cr.P.C. The appellant denied the same as false evidence. No witness was examined and no document was marked on the side of the appellant. After considering the oral and documentary evidence, the trial Court found that the appellant was guilty and convicted him for the offence under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act , 1988 and sentenced him as stated above. Aggrieved against the judgment of conviction and sentence passed by the trial Court, the accused has preferred the present appeal.