SATHIANATHAN Vs. STATE

JUDGEMENT

(1.) The accused in Special Case No. 2 of 1992 on the file of Special Judge and Chief Judicial Magistrate, Pudukottai has preferred the appeal aggrieved against the conviction and sentence imposed on him, wherein he was found guilty under Section 7 of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- and he was also found guilty under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- with a further direction that both the sentences shall run concurrently by the judgment dated 7-2-95.

(2.) The case in brief for disposal of the appeal is as follows :P.W.1 Maharajan is working as an Assistant in the Joint Director of Agriculture, Kandarvakottai. One Sampath is also working as an Assistant in the same office. Both of them went to the Office of the Vigilance at Pudukottai on 28-1-91 at about 10.30 a.m. on information. The Inspector of Police gave the complaint said to have been given by one Manickam. They also perused the same and later the said Manickam was also introduced to them and on enquiry, the said Manickam admitted the same true. It appears that the accused has demanded a sum of Rs. 100/- from the said Manickam. This money was entrusted with the Inspector of Police and the Inspector with the help of sodium carbonate powder, prepared the solution and conducted the test. There was no change in colour after applying phenolphthalein powder in the currency note and P.W.1 got the currency note and later put his fingers in the solution, he noticed the colour change. The currency note numbers were also entered in the mahazar Ex. P.2. Later, the currency notes were put into that cover and entrusted with the said Manickam, for the purpose of funding over to the accused if he demanded the amount P.W.1 along with the Police party as well as Manickam, went a pudukottai and P.W.1 and Manickam went to the shop and waited for the arrival of the accused. The said Manickam was also instructed to give a pre-arranged signal if the amount was paid. P.W.1 and others along with Manickam were waiting in the grocery shop till 5.30 p.m. on the said date, but the accused has not turned up. There was drizzling at that time-

(3.) P.W. 1 further stated that on the next day also at about 9.30 a.m. Manickam and others went to the Vigilance office and another mahazar Ex. P.2 was prepared and they have signed. Another mahazar Ex. P. 4 was prepared with reference to the currency notes. Again Phenolphthalein powder was applied to the currency notes as well as the cover and entrusted with the said Manickam, and earlier instruction was given to him again. On 29-10-91 at about10.10 a.m., P.W.1 and others along with Manickam went to the shop and even on the said date till 5.30 p. m. the accused did not arrive in the shop. At about 6.00 p.m. the Inspector of Police came to the shop of Manickam and directed him to send a person to the office of the accused, and they came to know that the accused also is not available in the office. On the said date also, there was drizzling. Manickam told the Inspector that on the next day, the accused will definitely come-