M. Dhandapani, J. - (1.) This Criminal Appeal preferred by the State is directed against the judgment of acquittal of the respondent herein / accused passed by the Special Court for trial of cases under Prevention of Corruption Act, Tiruchirappalli in Special Case No.151 of 2011, dated 31.10.2012.
(2.) For the sake of convenience, the parties are referred to as per the rank in the trial Court.
(3.) The brief facts, which are leading to this case are as follows:~ (i)The defacto complainant P.W.2, namely, Balasubramanian is a resident of Nadupadugai Village and he is the agricultural coolie under P.W.4 Natarajan and he has purchased lands to an extent of 0.64 1/3 cents from his sister Dhanam in the year 1987 for a sum of Rs.15,500/~ (Rupees Fifteen Thousand and Five Hundred Only). After purchase, the defacto complainant sent an application for transfer of patta on 13.06.2003 to the Thiruvaiyaru Taluk Office through post. After receipt of a reply, he enquired the accused about the same. The accused demanded a sum of Rs.200/~ for issuing the patta and he paid the same. A copy of the patta (Ex.P.9) was given to P.W.2 by the accused on 23.06.2003. After perusal of the same, P.W.2 came to know that the said patta stands jointly in the name of his sister Dhanam and himself. Hence, he applied for a separate patta and patta passbook under Ex.P.4 through post on 22.08.2003 to Thiruvaiyaru Taluk Office. The receipt for the certified copy is marked as Ex.P.11. The same was received at the Taluk Office and was entered in Form 6~II Register Ex.P.7 by P.W.5 Saminathan, a clerk working at Thiruvaiyaru Taluk Office and the related entries are marked as Ex.P.8. (ii)After one week from sending Ex.P.4, P.W.2 met the accused in his office and enquired about the same with him, for which the accused demanded a sum of Rs.500/~ as illegal gratification. P.W.2 said that he has no such amount with him and then, the accused enquired him as to how much he was with him and he said that he was having Rs.50/~ and the accused required him to pay the same. Accordingly, P.W.2 paid a sum of Rs.50/~ with the accused. On 05.09.2003, P.W.2 along with his employer P.W.4 Natarajan saw the accused at Nadukkadai, while the accused was riding his motor cycle, he came to them, after stopping the same, instructed P.W.2 to pay the balance sum of Rs.450/~ before the end of the day. (iii)Since the defacto complainant is not willing to give bribe amount, he has written a complaint through P.W.4 and went to the Vigilance and Anti Corruption Wing, Thanjavur at 2.30 p.m., on 05.09.2003 and lodged the information under Ex.P.2 with P.W.9 Manickavasagam, the then Inspector of Police, Vigilance and Anticorruption, Thanjavur and the same was received by him and after making enquiry about the accused and also P.W.2, P.W.9 registered First Information Report under Ex.P.12. A copy of the same was issued to P.W.2 after obtaining his signature (Ex.P.13) in Ex.P.12. (iv)P.W.9 made a request to the Executive Engineer, T.N.E.B., Thanjavur and also Kaveri Delta Sub~Division to send -C- group staff through telephone and accordingly, P.W.3 Sethumathavan and another official witness by name Selvaraj came to the said Police Station and they were introduced to P.W.2 and they perused the First Information Report and verified the genuineness of the complaint with P.W.2. Then, P.W.2 produced the bribe amount of Rs.450/~, containing four 100 rupee currency notes and one 50 rupee currency note M.O.3 series. Then, P.W.9 demonstrated the sodium carbonate and phenolphthalein test to the said witnesses and to P.W.2 and explained its significance and prepared entrustment mahazar under Ex.P.3 for the above said procedure and the numbers of the currency notes were entered therein. Then, the said money of Rs.450/~ was handed over to P.W.2 through the Constable. Then P.W.9 instructed P.W.2 to go and meet the accused and instructed P.W.3 shadow witness to accompany with him and to watch over the occurrence and P.W.2 was also instructed to give pre~arranged signal, after acceptance of money by the accused. (v)Thereafter, they left Thanjavur and reached Thiruvaiyaru around 7.45 p.m., on 05.09.2003 and the vehicle which they proceed was stopped and P.W.2 and P.W.3 were alighted from the vehicle and after that they went to the house of the accused and while entering into the house, the accused came out and after seeing him, he enquired as to whether he brought the amount and then, P.W.2 handed over the phenolphthalein coated amount of Rs.450/~ and required him to count the same. The same was received by the accused and after counting, he kept the same with his left hand. Thereafter, P.W.2 came out and gave the pre~arranged signal. On receiving signal from P.W.2, P.W.9 rushed there and enquired about the happenings and the same was narrated by P.W.2 and was also confirmed by P.W.3 and after that they entered into the house of the accused. The accused was identified by P.W.2 to P.W.9. P.W.9 introduced himself and also introduced P.W.2 and P.W.3 with the accused. The accused was perplexed. Thereafter, P.W.2 was instructed to wait away and hence, he went out. (vi)Then P.W.9 instructed to prepare sodium carbonate liquid in two separate glasses. As per the instruction of P.W.9, when the accused dipped his two hand fingers separately, the same was turned into pink. The two liquids contained the solution were collected under M.O.1 and M.O.2. When P.W.9 asked the accused about the tainted money, the accused stated that he did not demand any money from P.W.2, the defacto complainant gave money and he received the same. P.W.9 has recovered the tainted money and when it was compared with the entrustment mahazar, it was tallied. Thereafter, the Tahsildar of Thiruvaiyaru, came to the spot and handed over the application of P.W.2 (Ex.P.4) and the same was recovered by P.W.9 and for the said procedure, P.W.9 prepared recovery mahazar under Ex.P.5. He also prepared rough sketch under Ex.P.14. (vii)Then P.W.10, another Inspector of Police, Vigilance and Anticorruption, Thanjavur took up the case for investigation and conducted search at the residence of the accused and prepared Ex.P.6 search list, after sending advance intimation under Ex.P.16. He also examined the witness P.W.4 Natarajan and P.W.5 Swaminathan a clerk at Thiruvaiyaru Taluk Office, recovered Ex.P.7, Form 6~II Register. He also examined P.W.6 Jayachandran, the Tahsildar, Thiruvaiyaru Taluk Office and recovered a copy of the joint patta (Ex.P.9). He also examined P.W.8 Gunasekaran, the then Post~Master, Thiruvaiyaru Post Office. He also sent M.O.1 and M.O.2 for chemical examination under his requisition Ex.P.15. The same was examined by the Scientific Assistant P.W.7 Kasthuribai, who issued her report under Ex.P.10. She also opined that the solution contained in M.O.1 and M.O.2 found phenolphthalein and sodium carbonate. He received the prosecution sanction Ex.P.1 from P.W.1 K.Munusamy, the then Revenue Divisional Officer, Thanjavur and after investigation, filed final report before the trial Court against the accused for the offences under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred as -the Act-).;