JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, against the judgment passed in Spl.Case No.2 of 1999 dated 01.07.2011 convicting the appellant by the learned Special Judge cum Judicial Magistrate, Chengalpet and to set aside the same.)

1. This Criminal Appeal arises out of the conviction and sentence rendered by the learned Special Judge cum Chief Judicial Magistrate, Chengalpet in S.C.No.2 of 1999, dated 01.07.2011.

2. On conclusion of trial, the trial Court acquitted the 2nd accused and convicted the appellant/A1 for the offence under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.3,000/-, in default, to undergo three months rigorous imprisonment and also convicted him under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment. All the sentenced were ordered to run concurrently, against which the present appeal.

3. The case of the prosecution, in a nutshell, is as follows:-

(i) On 14.03.1995, PW2, Shobidha Kumar, who was running a silver oak wood business at Porur and Kodambakkam, sent a consignment of silver oak wood to Mangal Dyeing Printing Mills Limited, Singaperumal Koil, by Alwin Nizan Tempo bearing registration No.TN 59 A 8388, driven by one Sekar. The vehicle was detained at Commercial Tax Check Post for not having bill for goods and was with delivery note alone. PW2 was informed by driver that unless bill and fine amount of Rs.1,500/- is paid, the vehicle would not be released. Thereafter PW2 prepared the bill, sent fine amount of Rs.1,500/- through PW4, Accountant of PW2. PW4 went to Commercial Tax Check Post on 15.03.1995, paid the amount and got the release order [Ex.P13]. In the meanwhile, the patrol team of Tambaram Forest Range Office led by the appellant/Forester, Gunasekaran/Forest Guard, PW7/Forester, Soloman Sundarraj/Forest Guard and Vasudevan/Forest Guard found that the goods vehicle with silver oaks wood, a scheduled timber was being transported without pass of the Forest Department. Hence, the Appellant directed the driver Sekar, to bring the vehicle to the Tambaram Forest Range Office.

(ii) PW4 went to Tambaram Forest Range Office, enquired about the same where he was informed that Rs.1,500/- to be paid towards compounding fee, otherwise vehicle and timber would be detained. PW4 informed PW2 about the same. PW2 came to Tambaram Forest Range Office, where PW4 introduced the appellant and A2. This happened at 02.30 p.m on 15.03.1995. Annoyed over the same, PW2 approached the respondent, lodged a complaint [Ex.P4], to the Deputy Superintendent of Police, Vigilance and Anti Corruption, who forwarded Ex.P4 to PW9, who on verification, registered an FIR in Crime No.2/AC/95/MC2 [Ex.P16], enlisted service of PW3 and PW5, the Government officials to be witness for the trap, thereafter, between 05.15 p.m. and 06.00 p.m, the importance of phenolphthalein test and trap proceedings were demonstrated and entrustment mahazar [Ex.P6] was prepared. At about 07.00 p.m., the trap team and the decoy reached Tambaram Forest Range Office. PW2 and PW3 got out from the vehicle and proceeded to the office. The appellant and A2 were standing in the Varandha. PW2 handed over the trap amount [MO1] to the appellant and requested for release of vehicle and goods. The appellant informed that the Forest Ranger/PW6 had come and raised the demand to Rs.5,000/-. PW2 informed his inability to make the raised demand. The appellant received the money counted the same and kept in his left side pant pocket. PW2 came out, gave pre-arranged signal. PW9/TLO along with PW5, the other official witness and trap team entered the office, questioned the appellant. The appellant handed over the money to A2, who threw the same on the Varandha. PW2 identified the appella