K S KALINGA RAYAN @ KALINGARAJU Vs. STATE, REP BY INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION SPECIAL TEAM, COIMBATORE

JUDGEMENT

(1.) This Criminal Appeal is filed by K.S.Kalinga@Kalingaraju appellant/accused in Special CC. No.1 of 2011, dated 23.11.2011 on the file of the learned Special Judge, Special Court for [Prevention of Corruption cases], Coimbatore.

(2.) The appellant/accused K.S.Kalinga Rayan@Kalingaraju, while serving as Accountant-cum-Clerk on the Sub Treasury Office, Pollachi Taluk, Coimbatore district from 08.06.1995 till 10.02.2003. He was in-charge of dealing pension pass book papers of retired Government servant. The defacto complainant Kalimuthu who retired as Head Constable on attaining superannuation on 31.03.2002 met the appellant/accused on 06.02.2003 for receiving his pension computation. On production of AG's Office letter, pension payment order book and intimation letter of Sub treasury, Pollachi to the accused, he verified and issued token for receiving the computation amount of Rs.1,23,889/- [Ex.P.7]. While issuing the token for computation order, the accused has demanded illegal gratification of Rs.1,500/- and directed Kalimuthu [PW.2] to encash the computation amount and pay Rs.1,500/- and get back his pension payment order book. After depositing the computation amount, in his Savings Bank Account Kalimuthu [PW.2] came back to the Sub Treasury and requested the appellant/accused to return the pension order book. The appellant/accused reiterated his demand of illegal gratification of Rs.1,500/- and told Kalimuthu [PW.2] to bring the money on the next day i.e., 07.02.2003 and get back his pension pay order book. Unwillingly to give bribe, Kalimuthu [PW.2] had given a written complaint [Ex.P.2] to Inspector of Police, Vigilance and Anti Corruption, Coimbatore. Mr.Sathasivam [PW.7], Inspector of Police, Vigilance and Anti Corruption, Coimbatore had received the complaint, registered the F.I.R and arranged for the trap. In presence of two Official witnesses Mr.Rangasamy and M.Durarisamy, he demonstrated the significance of the phenolphthalein test and entrusted the bribe money of Rs.1,500/- smeared with phenolphthalein to PW.2 and prepared the entrustment mahazar [Ex.P.4]. PW.2 [Kalimuthu] along with Rangasamy [PW.3] went to the Sub Treasury Office, Pollachi. The accused demanded and accepted Rs.1,500/- as bribe and returned the pension pass book to the defacto complainant [PW.2]. Thereafter, on receiving the pre-arrange signal, the trap team has caught the accused/appellant red-handed, the tainted money was recovered from his possession. The recovery mahazar narrating the sequence of event was prepared and the accused was arrested for demand and acceptance of illegal gratification of Rs.1,500/-.

(3.) On completion of the investigation and obtaining sanction order from Thiru.Murugesan, District Treasury Officer, Coimbatore the final report laid to try the accused. The trial Court has farmed charge under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against the accused/appellant.