D. CHELLAIAH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgement of conviction and sentence, dtd. 29/11/2005, made in Special CC. No. 3 of 2002, by the Special Judge Cum Chief Judicial Magistrate, Perambalur, convicting and sentencing the Appellant/ accused for the offence under Ss. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, to undergo five years Rigorous Imprisonment and to pay a fine of Rs.5000.00, in default to undergo Simple Imprisonment for six months.

(2.) The case of the prosecution has arisen on the basis of the complaint given by PW.2, Natarajan, under Ex.P.7, dtd. 10/6/2000. It is alleged by PW.2 in Ex.P7 that due to the disputes between PW.2 and his neighbours in the Village, in respect of repairing his house, PW.2 gave a complaint, dtd. 14/10/1999, registered as CSR. No. 84/99, in which, there was no action taken by the concerned Police and that again, in respect of the same dispute, PW.2 gave another complaint, dtd. 23/10/1999, registered as CSR. No. 91/99, for which also, no action had been taken and hence, PW.2 preferred a private complaint, before the concerned Magistrate on 19/11/1999 and that the Magistrate had directed the Police to do investigation under Sec. 156(3) of Cr.PC. It is further alleged that since on 25/11/1999, one Tamilmani and others came and demanded Rs.20,000.00 towards expenses for conducting the case and obtained his signature in blank papers, PW.2 gave a complaint dtd. 27/3/2000 to the Appellant/ accused and the Appellant/ accused told that only on payment of Rs.2000.00, receipt would be given and he will enquire into the matter and that on his further request, a receipt in CSR. No. 34/2000 was given. It is further alleged that PW.2 requested the Appellant/ accused to take action on his complaint on several times and the Appellant/ accused has been demanding the said sum, without taking any action on the complaint of PW.2. It is further alleged that on 9/6/2000 morning, when PW.2 approached the Appellant/ accused in his house, he demanded a sum of Rs.1000.00 and a plastic chair worth Rs.250.00 to take action on the petitions of PW.2 and the balance amount of Rs.1000.00 should be given after taking action by him on the petitions of PW.2. Since PW.2 was not willing give the amount as bribe, on 10/6/2000, PW.2 had lodged a complaint to the Respondent Police.

(3.) Thereafter, a trap was arranged and an entrustment mahazar was prepared, detailing the numbers of the currency notes and demonstration of phenolphthalein test was made and the procedure regarding trap was explained to PW.2 and PW.3, the trap witness. In furtherance of the same, on 12/6/2000, at about 7.00 a.m. to 7.30 p.m., PW.2 and PW.3, Nagarajan [Trap Witness] went to the house of the appellant/accused, situated in Government Housing Quarters and handed over the plastic chair to him and also gave a sum of Rs.1000.00 by cash to the appellant/accused. The appellant/accused also asked PW.2 to get two quarter bottles of Whisky and the same was also bought and handed over to the Appellant/ accused and the same were received by the appellant/accused. Subsequent to the prearranged signal shown by PW.2, the Inspector of Police attached to DVAC, entered into the house and enquired the Appellant/ accused and the other witnesses and conducted necessary chemical test on his both hands and the money purse, in which the tainted money was kept and the chemical test proved positive and then, arrested the appellant/accused and sent him to judicial custody. After recording the statements of the witnesses and after completing investigation, the Appellant/ accused was charge sheeted for the offences under Ss. 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.