S. SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is preferred against the order of conviction and sentence passed against the appellant by the Special Judge for Prevention of Corruption Act cases, Tirunelveli, in Special Case No.31 of 2014, dtd. 13/05/2015.

(2.) The case of the prosecution in brief, as narrated through the evidence:- PW2 is the de-facto complainant. He is a resident of Puliyankudi Village. He constructed a house in the above said village in 2003. He was granted service connection in serial No.179, on 18/01/2005. The Tariff was assigned as '1'. He was continuously paying the charges for 10 months. All of a sudden, it was changed as Tariff No.5. So he made a request to the Junior Engineer, Tamil Nadu Electricity Board, Puliyankudi, on 29/04/2005. But there was no action on his request. So he made a personal enquiry. At that time, he was told that his request was recommended for further action by the Assistant Executive Engineer.

(3.) In pursuance of the above said advise, on 10/1/2006, he approached the accused and made an enquiry. At that time, the accused demanded Rs.1,000.00for passing order. He also asked him to pay the same, on 12/01/2006. He went to the house and had a thinking. He was not willing to pay the bribe. So, on the next day morning, he went to the Vigilance Department office namely the first respondent herein and made a complaint in writing. In pursuance of the above said complaint, he also produced a document showing the service connection and requisition etc., which were marked as Exs.P1 to P4. The complaint is marked as Ex.P5. On the invitation made by the respondent police, one Sivasubramanian and Abubakkar Sidhik came to the office and they were introduced mutually by the Vigilance Inspector and subsequently, trap arrangements were made. The currency notes numbering about 2 in the denomination of Rs.500.00were handed over by him and the Vigilance Inspector made a preparation, smeared the currency notes with the sodium bicarbonate and demonstration was also undertaken and the trap was prepared and instruction was given to him to give a signal on demand and payment of money to the accused. As per Ex.P7, Mahazar, the entire team started from the Vigilance office and directly went to the accused office. As per the prior instruction and advise given, PW2 went along with the witness Sivasubramanian and contacted the accused. He made an enquiry and at that time, he asked PW2, whether he brought the money. PW2 handed over the money, which was received by the accused with two hands, counted the same and put it in his right hand Safari Shirt pocket. PW2 came out of the office and made a signal. On seeing the signal, the police party, the witness Abubakkar Sidhick came to the office. PW2 identified the accused and he was sent out. On the next day, he was examined by the Deputy Superintendent of Police.