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2018 Supreme(Mad) 2349

G.JAYACHANDRAN
S. Thangam – Appellant
Versus
State represented by The Inspector of Police – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Chandran
For the Respondent: Mr. K.K. Ramakrishnan, Additional Public Prosecutor

JUDGMENT :

1. This appeal is against the judgment of sentence and conviction dated 22.01.2008 in Special Case No.1 of 2006 on the file of the learned Special Judge cum Chief Judicial Magistrate, Nagarcoil.

2. The appellant, the sole accused, while working as Assistant in the office of Executive Engineer, PWD/WRO, Poigaiyar Reservoir Project Division, Aralvoimozhi was found guilty of demand and receipt of Rs 200/- as illegal gratification other than legal remuneration from one Anandam, retired Jeep Driver of PWD on 19.07.2005 to process his papers relating to payment of sixth pay commission arrears. Accused was sentenced to undergo 4 years rigorous imprisonment and to pay fine of Rs.5,000/- each for offences under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, [hereinafter referred to as 'P.C. Act'] in default in payment of fine, to undergo one year rigorous imprisonment.

3. The brief facts leading to the appeal:

(i) The de facto complainant Thiru. Anandam, former Jeep driver at the office of the Executive Engineer, PWD, Water Resources, retired from service on 31.08.2001. Anandam was entitled to get 60% of Sixth Pay Commission arrears held in his GPF acc





























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