Accused 1 to 3 in Spl. C.C. 194/1989 on the file of Special Judge/I Additional Sessions Judge-cum-Chief Judicial Magistrate, Salem are the appellants. By the Judgment dated 31-7-1997, the learned Special Judge has convicted the appellants for the offences under Sections 7 and 13(1)(d) r/w. 13(2) of Prevention of Corruption Act.

The gist of the charge and the findings of the trial Court and sentence imposed on the accused could briefly be stated thus :-

A-1 Selvaraj was working as Forester, Karipathi Section, Rasipuram Range. A-2 Krishnasamy was working as Forest Guard, Jarugumalai North Beat, Rasipuram Range. A3 David was working as Forest Watcher, Jarugumalai North Beat, Karipathi Section.

From the evidence and materials placed, case of the prosecution could be stated thus :

Complainant Dhanapal (P.W. 1) residing in their farm-house at Veerasamy Pudhur, Kattuvalavu along with his parents, his brother Palanisamy (P.W. 3) and his sister Annakodi (P.W. 7). P.W. 1 is working in Ammapet Co-operative Mill. His father and P.W. 3 were looking after the lands and also the sheep. On the night on 2-1-1989, P.W. 1 had gone to the Mill to attend the night shift.

Taking P.W. 3 to custody on the night of 2-1-1989 :

P.W. 3 was sleeping in the Goats Pen (Ml; Lg; gl;o) to guard the sheep. In the house, P.W. 7 - Annakodi along with her sister's 7 year old son Thangavelu alone were there. Their father had gone to the fields to sleep in Engine room. At about 1.00 a.m. (3-1-1989), A-1 - Forester Selvaraj, A-3 - Watcher David, P.W. 6 - Radhakrishnan (another Forest Watcher) along with three others went to the goats pen (Ml; Lg; gl;o) of P.W. 3 - Palanisamy in a taxi TMJ 1417 driven by P.W. 4 Ganesan and A-1 called the said Palanisamy. When he came out, A-1 enquired whether he had cut any trees in the forest. Though P.W. 3 denied, he was taken by A-1 in the taxi. Then all of them have gone to the farm-house and searched the house of P.W. 3. No materials (like cut trees) were recovered. At the time of search, P.W. 3 was in the taxi under custody. Though Annakodi P.W. 7 was able to see her brother - P.W. 3 in the taxi under custody, she was not able to talk to him anything. Then A-1 and A-3 along with others left the place, taking P.W. 3 along with them.

After night rounds, on 3-1-1989 - 8.00 a.m., they returned to the Rasipuram Range Office. As per the directions of A1, A2 Forest Guard, who was in the Range Office, and A3 Watcher kept the said Palanisamy in a room in the Range Office, situated at the western side and guarded.

When P.W. 1 returned to his house after night duty, he came to know about the incident through his sister Annakodi P.W. 7. Then immediately he proceeded to Rasipuram Range Office to see his brother. At about 10.00 a.m. on 3-1-1989, he met A1 and A3 at Rasipuram Range Office and requested to release his brother P.W. 3. At that time, A1 demanded Rs. 1000/- to release his brother. Though P.W. 1 represented that his brother has not cut any trees, A1 did not concede the request and left the place. P.W. 1 has seen that his brother was kept locked up in a room. Having waited till night, P.W. 1 returned to his village and informed the fact to his father and sister. On the next day, i.e. on 4-1-1989. P.W. 1 along with his cousin - P.W. 5 Sekar and neighbouring land owner one Muthusamy came to the Rasipuram Range Office at about 11.00 a.m. A2 and A3 were present. He enquired about the first accused and was informed that A1 has gone outside. Then he requested A2 and A3 to release his brother P.W. 3 by saying that he has not cut any trees. Both A2 and A3, in turn told P.W. 1 that unless P.W. 1 pays Rs. 1000/- as per the directions of A1, they cannot release P.W. 3. At that time, P.W. 5 and Muthusamy were present. After some time both P.W. 5 Sekar and Muthusamy left the Office leaving P.W. 1.

Lodging the Complaint and registration of the case :

As P.W. 3 did not commit any offence, the demand of Rs. 1000/- by the accused was foun