- (1.) This Criminal Appeal is preferred by the State against the judgement of acquittal of the respondent herein/ accused dated 28.02.2013 in Special Case No.108 of 2011 on the file of the learned Special Judge for Prevention of Corruption Act, Tirchirapalli.
(2.) For the sake of convenience, the parties are referred to as per the rank mentioned in the trial Court. The gist of the charge framed on the accused is as follows: Charge Gist of Charge Section 7 of Public Servant taking gratification other than Prevention of legal remuneration in respect of an official act. Corruption Act, 1988. Section and 13(1) (a) Accused receiving a sum of Rs.250/- as bribe & (d) read with for giving certificate for getting Government 13(2) of Prevention Aid for the death of his father. of Corruption Act, 1988.
(3.) The brief facts, which are leading to this case are as follows: (i) PW2 Moorthy is the resident of Kariyapattinam village and doing agricultural business. PW 4 is the mother of PW 2 and wife of Somasundaram, who died on 30.11.2007. PW2 received an application from PW5/ Vedachalam, Chettipulam, Village Administrative Officer for getting Government Aid under Government of Tamil Agricultural Labourers Farmers(Social Security and Welfare) Act, 2006 ( herein after called as Farmers's Act). The complainant got his mother's sign in it and gave it with annexure to the Tahsildhar office, Vedaranyam on 06.12.2007. He was told that the application will be sent back to the Village Administrative Officer for enquiry. Then he went for treatment at Chennai and returned home after pongal. One Rajalingam, the younger brother of his father told that the application which was given by him to the Tahsildhar office has been received at Village Administrative Office, Chettipulam for enquiry. The complainant met the Village Administrative Officer, Chettipulam on 30.01.2008. The Village Administrative Officer, Chettipulam has issued certificate to get the aid and gave the application with certificate and copies of application for registering as an agriculturalist to the complainant and instructed to meet the Revenue Inspector, Kariyapattinam to get his certificate and to hand over it to the Tahsildhar officer, Vedaranyam. (ii) On 01.02.2008 at about 11.30 hrs, the complainant met the accused officer in his office at Kariyapattinam with his two friends viz., V.Subahar/P.W.7 and R.Thiyagarajan and requested him to issue the required certificate. The accused officer enquired the witnesses and got their signature in the application filled by him. Then the accused officer asked the witnesses to wait outside of the office and demanded Rs.250/- from the complainant for issuing certificate to him and told that, only if he fills up the form and sign it, he can get the aid and return the application and its annexure to the complainant. The complainant told that he did not have any amount, as he is in distress condition and he cannot give the amount and requested to give the certificate, for which, the accused officer told that, only when the complainant comes with the demanded amount, he will receive the application, sign it and send it to Tahsildhar office. (iii) Since the defacto complainant/PW2 is not willing to pay the bribe amount to the accused, on 06.02.2008 he went to the office of the Vigilance and Anti Corruption, Nagapattinam and lodged a written complaint to the Inspector of Police/PW 15 and after observing all the formalities, P.W.15 registered a case in Crime No.1 of 2008 for the offences under Sections 7 of the Prevention of Corruption Act, 1998 against the accused. (iv) On 07.02.2008 PW 15 arranged two official witnesses for trap. One K.Rajasekaran, Junior Assistant, O/o.Deputy Director of Health Service and T.Jayaraj, Junior Assistant, O/o. District Educaional Oficer, Nagapattinam and they both came to the office of the Inspector of Police, Vigilance and Anti Corruption and they were introduced to PW 2 and they were asked to come next day at 08.00 am. As per the instructions the above two witness were present on 07.02.2008 at 08.00 am and they were introduced to PW2 and perused the complaint/Ex.P.26. The phenolphthalein test demonstration was conducted. Thereafter the trap team left Nagapattinam on 07.02.2008 at about 10.00 hrs and alighted near the Government Higher Secondary School. PW15 instructed PW2 along with shadow witnesses to go and meet the accused by reminding the earlier instructions. When PW2 went to the office he found the accused office locked and they were waiting there as per the instructions of PW.15. When the accused officer came to his office at 13.00 hrs, PW2 and PW3 met the accused officer and handed over the application along with annexure for sign at 14.00 hrs and the accused officer received the same and while filling and signing the application, the accused officer received the bribe amount of Rs. 250 /- from his right hand from PW2 in the presence of official witness PW3 and transferred the amount to the left hand and kept in the left table drawer. Thereafter PW2 ,PW3 came out from the accused office and showed the pre arranged signal. (v) Immediately after the receipt of pre arranged signal from PW2 and PW3, PW 15/Trap Laying Officer with other official witnesses including PW 2 went inside the accused office and introduced him and enquired about the happenings to the accused officer. Thereafter he directed PW2 to wait outside the office and conducted phenolphthalein test by dipping the accused officer right and left hands, which proved positive. The tainted money/M.O.1 was recovered intact on production by the accused officer from the left table drawer of the accused. A mahazar was prepared between 14.30 hrs and 16.30 hrs and signed by the official witnesses. The relevant documents, resultant solutions/M.O.2 and M.O.3, tainted money etc were seized and rough sketch was drawn and observation mahazar was also prepared between 16.45 hrs and 17.15 hrs. Thereafter PW.15/ Inspector of Police arrested the accused on 07.02.008 and after giving prior intimation to the Court under section 165 of Cr.P.C. The residents of the accused was searched and search list was prepared and thereafter the accused officer was released on bail. Thereafter PW 15 handed over the investigation to PW 16. PW 16 took up the investigation and examined the remaining witnesses and filed final report before the Special Court in Crime No.1 of 2008 under Sections 7,13(2)r/w.13(1)(d) of Prevention of Corruption Act, 1988. ;