STATE OF GOA Vs. BABU THOMAS

JUDGEMENT

(1.) The challenge in this appeal, filed by the State of Goa, by special leave is to the order of the High Court of Bombay at Goa, Panaji dated 19-9-2002 in Crl. Misc. application No. 99 of 2002. Briefly stated, the facts are as follows :

(2.) The respondent, herein, was employed as Joint Manager in Goa Shipyard Limited, a Govt. of India Undertaking under the Ministry of Defence in 1994. At the relevant time, he was officiating as Manager (Personnel and Administration). He was arrested by CID, Anti-Corruption Bureau of Goa Police on the charge that he demanded and accepted illegal gratification from one Mr. M. Channiah-the complainant, an Attorney of M/s. Tirumala Services in order to show favour for settlement of wages, bills/arrears, certification of pending bills and to show favour in the day-to-day affairs concerning the said contractor. It was further alleged that the respondent, on various occasions, demanded and accepted from the complainant a sum of Rs. 3,68,000/- as illegal gratification/reward for showing favour to the complainant in exercise of his official functions concerning the said contract. On the basis of the aforesaid allegations, an investigation was conducted. After completion of the investigation, the charge-sheet was filed under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (hereinafter as the Act) and Sections 161 and 165 of the I.P.C. before the court of the Special Judge, N.A. Britto, appointed under Section 3 of the Act.

(3.) The charges framed by the Special Judge against the respondent are as follows: