R. SASIDARAN Vs. THE STATE

JUDGEMENT

(1.) THE appellant is the first accused in Special Case No. 5 of 2004, on the file of the learned Special Judge cum Chief Judicial Magistrate, Nagercoil, Kanyakumari District, under the Prevention of Corruption Act Cases. He stood charged for the offences punishable under Sections 7 and 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988, [for brevity, "the Act"]. The second accused, Mr.A.Panneerselvam, stood charged for the offence punishable under Section 13(2) r/w Section 201 of the Indian Penal Code. The Trial Court, by Judgment dated 11.12.2008, acquitted the second accused, but convicted the appellant herein under Sections 7 and 13(2) r/w Section 13(1)(d) of the Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,500/ -, in default to undergo rigorous imprisonment for three months for each offence. Challenging the said conviction and sentence, the appellant has come up with the present Criminal Appeal.

(2.) THE case of the prosecution, in brief, is as follows: -

(3.) WHEN the Trial Court examined the appellant under Section 313 of the Code of Criminal Procedure in respect of the incriminating evidences available against him, he denied the same as false. However, he did not choose to examine any witness nor to exhibit any document. The first accused, in his statement, has stated that it is true that he dealt with the file relating to the verification of the solvency certificate of PW -2. According to him, on 10.01.2003, he went to the Office of the District Collector to discuss about the forthcoming Law Officers' Meeting. On the day of the occurrence, at about 06.00 PM, he returned to the Taluk Office. On the same day, he had cleared the file and forwarded the same to the Headquarters Deputy Tahsildar for further proceedings. While he was sitting in the office, the police officials came and arrested him and according to him, he did not receive the tainted money and he did not hand over the same to the second accused.