V. CHINNAPPA Vs. STATE REP. BY INSPECTOR OF POLICE VIGILANCE

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the Judgment, Judgment of Conviction and Sentence, dated 27.01.2006 made in Special Case No.15 of 2002 on the file of the Special Judge-cum-Chief Judicial Magistrate, Thanjavur at Kumbakonam, whereby the appellant / accused was convicted under Section 7 of Prevention of Corruption Act and sentenced to undergo one year RI and to pay a fine of Rs.1,000.00, in default to undergo three months SI and under Section 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act to undergo two years RI and to pay a fine of Rs.2,000.00, in default to undergo six months SI.

(2.) IT is a trap case under the Prevention of Corruption Act. As per the prosecution case, the appellant / accused was working as Sub-Inspector of Survey (Natham/Mobile) at Taluk office, Pattukkotai from 01.01.2000 to 15.02.2002. The defacto-complainant (PW2), Balasundaram, a resident of Mahilamkottai of Pattukottai taluk had approached the appellant / accused towards changing the name for the land in S.No.106/11 and patta number 196 UDR from the name of his deceased father Ganapathy. He requested to transfer the patta in his name during December 2001, for which, he had given a petition before the concerned Revenue officer. To include the name of the defacto-complainant, the appellant / accused allegedly demanded illegal gratification of Rs.1,000.00 from the defacto-complainant (P.W.2) and subsequently, at the request of the defacto-complainant, the appellant / accused reduced the amount to Rs.500.00. When P.W.2 approached the appellant / accused on 12.02.2002 at about 4.30 p.m at his residence, the appellant / accused informed P.W.2 to meet him with the statement of the VAO of the concerned village and also to obtain signatures of the other pattadhars and also the amount of Rs.500.00 on 15.02.2002. As per the prosecution case, on 15.02.2002, the defacto-complainant was proceeding towards the Taluk office and on the way, the appellant / accused received a sum of Rs.500.00, as demanded by him as illegal gratification / bribe and thereby, committed the offence punishable under Sections 7 and 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act, 1988.

(3.) AFTER the trial, the Court below found the appellant / accused guilty and convicted and sentenced him, as stated above. Aggrieved by which, this criminal appeal has been preferred by the appellant / accused. Hence, in this appeal, this Court has to decide whether the prosecution has established the guilt against the appellant / accused beyond reasonable doubt and sentenced, as per law.