STATE OF T N Vs. KALIAPERUMAL

JUDGEMENT

(1.) This appeal filed by the State of Tamil Nadu is directed against the judgment and order of the High Court of Madras dated 28.3.2002 rendered in Criminal Appeal No. 667 of 1995.

(2.) Heard the parties.

(3.) Briefly stated, the facts are as follows : The Respondent was working as Firka Surveyor, Chetty Kulam Firka, Perambalur Taluk, Tiruchirapalli District. He was convicted by the Chief Judicial Magistrate, Tiruchirapalli in Special C.C. No. 4 of 1993 for an offence under Section 7 of the Prevention of Corruption Act (in short the Act) and sentenced to undergo R.I. for one year and also imposed a fine of Rs. 2,000, in default to suffer R.I. for three months. He was further convicted under Section 13(2) read with Section 13(1)(d) of the Act and was sentenced to one years R.I. and to pay a fine of Rs. 2,000, in default to suffer three months R.I. On appeal preferred by the Respondent, the High Court by its impugned order maintained the conviction under Section 7 of the Prevention of Corruption Act, but invoked the provisions of Section 360 of the Code of Criminal Procedure and it ordered the Respondent to be released on probation.