P N RAGHAVAN PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant has been found guilty by the Court of Enquiry Commissioner and Special Judge, Trichur for the offences punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and Section 161 of the Indian Penal Code. For the offence under the provisions of the Prevention of Corruption Act he has been sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 500/- in default of payment of fine to undergo simple imprisonment for a further period of one month, and for the offence under Section 161 of the Indian Penal Code he is sentenced to undergo R.I. for a period of one year. The sentences of imprisonment are ordered to run concurrently.

(2.) The accused was working as an Assistant Engineer in the Electrical Major Section, Kottakkal in 1984. P.W. 1 Abdulla had applied for an electric connection to his remodelled house. He submitted the application in August 1984. He waited for about 8 months to get the electric connection. In March 1985 he went to the office of the accused and he came to know that the former overseer was transferred from that office and the new overseer stated that the application submitted by P.W. 1 was not traced out. P.W. 1 met the accused. The accused asked P.W. 1 to submit a fresh application. P.W. 1 then met the former overseer named Vasukuttan and enquired about his application. Then Vasukuttan told that he had entrusted the application to one Muthu, a clerk working in that office. On 28-3-1985 P.W. 1 met the Assistant Executive Engineer and appraised him of these facts. The assistant Executive Engineer directed the cleric to trace out the application. Ultimately the new overseer Srinivasan traced out Ext. P. 1 file. The Assistant Executive Engineer directed Srinivasan to prepare an estimate. Srinivasan prepared the estimate and the file was entrusted to the accused, Assistant Engineer. P.W. 1 met the accused at about 12 a.m. The accused asked him to wait for some time. After about half an hour the accused told P.W. 1 that a sum of Rs. 200/- would be necessary as the usual amount payable under such circumstances. P.W. 1 replied that he would bring the money on the next day. Along with P.W. 1 there was P.W. 7, Abdul Rahiman. On the next day at about 12 a.m. P.W. 1 went to the Vigilance Police Station, Malappuram and met the Circle Inspector. P.W. 12 recorded the statement of P.W. 1 and a crime was registered and P.W. 12 organised a trap. P.W. 1 entrusted a hundred rupee note and two fifty ruppes notes to P.W. 12. Two witness; were summoned from the nearby office: The currency notes were marked and these notes were handed over to P.W. 1 with the direction that if the accused demanded the amount, the same should be given to him. P.W.1 proceeded to the office of the accused P.W. 12 and other witnesses followed P.W. 1 entered the room of the accused The accused asked P.W. 1 whether he had brought the amount. M.O. 1 series of currency notes were given to the accused The accused received the currency notes with his right hand and counted the same using both hands and put the same in the shirt pocket. He took Ext. P. 1 file and made certain endorsements. Then he asked P.W. 1 that he should deposit a sum of Rs. 600/-. As soon as P.W. 1 paid the amount the witnesses showed signals. P.W. 12 and others entered the room and arrested the accused and recovered the currency notes.

(3.) P.W. 12 conducted the phenolphthalein test. P.W. 12 after conducting further investigation filed the charge sheet. Ext. P. 1 file and other relevant documents were seized from the office of the Assistant Executive Engineer. The shirt used by the accused was also recovered under Ext. P.S mahazar.