PON SAKTHIVEL/NATARAJAN Vs. STATE BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION, TRICHI

JUDGEMENT

(1.) THE first accused, who is the appellant in C.A. No. 565 of 93, was functioning as Special Tahsildar, Adi -Dravidar Welfare, Kulithalai. The Second accused, who is the appellant in C.A. No. 590 of 93, was employed as Surveyor in that department. The accused were convicted under section 7 of the Prevention of Corruption Act read with 34 IPC and section 13(1)(d) of the Prevention of Corruption Act read with 34 IPC and the accused were sentenced to undergo Rigorous Imprisonment for one year each and to pay a fine of Rs. 1000/ - and the sentence was Ordered to run concurrently. Against the said conviction and sentence, accused 1 and 2 have come forward with these two separate appeals.

(2.) THE charge against the appellants is that on 23.7.90 at about 10.30 a.m. the first accused demanded Rs. 300/ - from Velan and that the second accused demanded Rs. 200/ - as bribe for processing the patta application and that on 24.7.90, at about 12:30 p.m. the first accused received Rs. 300/ - and that the second accused received Rs. 200/ - and that therefore, they are liable to be punished under section 7 of the Prevention of Corruption Act read with 34 IPC and section 13(1)(d) of the Prevention of Corruption Act read with 34 IPC. The accused denied the above charges.

(3.) THE case of the prosecution as disclosed from the above evidence is as follows: -