SONALI KARTHICK Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge/Chief Judicial Magistrate, Chenglapattu, dated 22.5.2008 holding the appellant/accused Sonali Karthick, former Assistant Executive Engineer, Tamil Nadu Electricity Board, Chengalpattu, guilty of the offence under Sections 7 and 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, for demand and acceptance of Rs. 2,100/- from one S. Elumalai, Tamil Nadu Electricity Board Contractor as illegal gratification to pass the bill of Rs. 60,975/- and thereby misconducted herself as a public servant and obtained pecuniary advantage by abusing her official position.

(2.) The case of the prosecution is that S.Elumalai (P.W.2) gave a written complaint to the Inspector of Police, Vigilance and Anti-corruption Wing, Kancheepuram, on 21.3.2000 wherein he has stated that he was awarded a contract for supply of concrete electric poles to Tamil Nadu Electricity Board. He has already supplied electric poles to the tune Rs. 2.00 lakhs and the Electricity Board has to pay a sum of Rs. 60,000/- for the materials supplied. To recommend the payment of bill of Rs. 60,000/- Smt. Sonali Karthick, Assistant Executive Engineer has demanded 4% of the said sum payable and initially she insisted bribe of Rs. 3,100/- which was later reduced to Rs. 2,100/- and she has declared in clear terms that unless the bribe amount of Rs. 2,100/- is paid, she will not forward the bill. This complaint under Ex.P5 dated 21.3.2000 was registered in Crime No. 2 of 2000 for the offence under section 7 of the Prevention of Corruption Act, 1988 and FIR under Ex.P23 was prepared and trap proceedings has been initiated by the Inspector of Police, Vigilance and Anti-corruption, Kancheepuram on the same day.

(3.) P.W.2-Elumalai, the defacto complainant was sent along with P.W.3-Smt. Dhanalakshmi, Steno-Typist, Animal Husbandry Department, as shadow witness and they were followed by the trap laying team. The currencies smeared with phenolphthalein powder was given to the accused on her demand, she received it and kept it in her black colour hand bag. P.W.2 and P.W.3 came out from the accused office and gave the pre-arranged signal. Thereafter, the trap laying team lead by P.W.12-Vedarathinam, Inspector of Police, DV&AC entered into the room of the accused and interrogated her. After conducting test of her both hands dipping in sodium carbonate solution and found presence of phenolphthalein they enquired about the money received by her from P.W.2-Elumalai. The accused handed over the black colour purse to P.W.12 and the same was recovered from the accused under mahazar Ex.P14. The tainted money recovered from the accused was marked as M.O.1(series) and the black colour was marked as M.O.2. The sample solution drawn from the right and left hand-wash of the accused were marked as M.Os.3 and 4.