This appeal is against the order of acquittal made in C.C.No.59 of 2014 on the file of the Special Court for trial of cases under Prevention of Corruption Act, 1988 at Salem, dated 28.02.2017.

2. Brief facts leading to the appeal is as follows:

Thiru. Venkatachalam a resident of Deevattipatti, Kadayampatti near Mariamman Koil in Devattipatti village, Omalur Taluk, Salem District owned 25 cents of land and he permitted his grandson Thiru. S. Venkatesh to erect a coir manufacturing unit in the said land. To get 3 phase electricity service connection, Thriu. Venkatachalam gave application to the accused Thiru. V. Srinivasan [Foreman] in the office of Assistant Engineer, TANGEDCO, Kadayampatti-II, Deevattipatti, Salem District. On receipt of the application, Thiru. V. Srinivasan along with the Commercial Inspector Thiru.Jayaraman inspected the coir manufacturing unit and instructed the complainant to built 5 feet wall for fixing the electricity measuring meter. As per the direction of the accused, Thiru. Venkatesh built wall and informed to the accused Thiru. V. Srinivasan on 03.06.2011 that he has made the wall ready for fixing the meter.

3. On the direction of the accused Thiru. V. Srinivasan, [Foreman], the Commercial Inspector Thiru. Jayaraman, inspected the Unit on the same day and instructed the complainant to raise the height of the wall with two more rows of bricks. After complying the same, Thiru. S. Venkatesh met Thiru. V. Srinivasan and reported compliance. Thiru. S. Venkatesh was told to deposit a sum of Rs.6,200/- for 3 phase connection and Rs.50/- towards application fees. Further, Thiru. V. Srinivasan demanded a sum of Rs.4,000/- as bribe for providing electricity service connection. After bargaining, Thiru. V. Srinivasan reduced his demand to Rs.2,000/-. On 04.06.2011 Thiru. S. Venkatesh met Thiru. V. Srinivasan at his office and gave Rs.6,250/- for which a receipt was issued. When Thiru. V. Srinivasan demanded the bribe of Rs.2,000/-, Thiru. S. Venkatesh told him that he will pay the bribe amount on the day prior to the day the electricity connection is given. On 17.06.2011 Thiru. S. Venkatesh met Thiru. V. Srinivasan and enquired about the electricity service connection. It was informed by Thiru. V. Srinivasan that the meter is not available, on receipt of the meter, connection will be provided and insisted the complainant Thiru. S. Venkatesh to give the bribe amount to him.

4. On 20.06.2011, again, Thiru. S. Venkatesh met Thiru. V. Srinivasan at his office and enquired about the status of his application. Thiru.V.Srinivasan assured that the meter will be ready within a day or two and instructed the complainant Thiru. S. Venkatesh to give the bribe amount of Rs.2000/- on the next day. Thiru. S. Venkatesh was not inclined to give bribe for getting electricity service connection, therefore, went to the Vigilance and Anti-Corruption Office at Salem on 20.06.2011 at about 16.30 hours and made oral complaint with the Inspector of Police. Thiru. N. Rangarajan, Inspector of Police registered a case against Thiru. V. Srinivasan for the offence under Section 7 of the Prevention of Corruption Act, 1988 and organised the trap.

5. On 21.06.2011 two official witnesses namely (i) Thiru. P. Murugesan, P.G. Assistant, Govt. Boys Higher Secondary School, Sankagiri, Salem District and (ii) Thiru. K. Babu, Block Health Supervisor, Government Primary Health Centre, Malliyakarai, Attur, Salem District were asked to be present at Vigilance and Anti Corruption Office at Salem. In the presence of these two official witnesses, Thiru. N. Rangarajan demonstrated the test of Sodium Carbonate with phenolphthalein and explained about the significance of phenolphthalein test to the complainant and the official witnesses. The bribe money of Rs.2,000/- i.e one 500/- rupees urrency note and fifteen 100/- rupees currency notes produced by the complainant Thiru. S. Venkatesh was smeared with phenolphthalein powder and entrusted to the complain