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2020 Supreme(Mad) 953

M.NIRMAL KUMAR
State – Appellant
Versus
G. Kaleeswaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Chandrasekaran.
For the Respondent: R. Gandhi.

JUDGMENT :

M. NIRMAL KUMAR, J.

1. This Criminal Appeal is arising out of acquittal of the accused passed by the Special Court/Chief Judicial Magistrate, Ramanathapuram in Special C.C. No. 7 of 2007, dated 22.01.2014 and convict the appellant.

2. The brief facts of the case, as projected by the prosecution are as follows:

    2.1. In this case, the defacto complainant, namely, Janakiraman, applied passport in the year 2005 and the same was forwarded by the Superintendent of Police, Ramanathapuram to Kenikarai Police Station, where the respondent was Head Constable. For the purpose of enquiry and to ascertain the proof of the applicant, the respondent went to the shop of the defacto complainant (PW-2), on 02.04.2005, enquired him and asked for the residential proof by way of Village Administrative Officer's certificate. He demanded a sum of Rs. 300/- as bribe for the same.

2.2. The defacto complainant accepted to pay the amount by 04.04.2005. Thereafter, on 04.04.2005, again the respondent had gone to PW-2's shop, demanded the bribe money as well as asked for the address proof. At that time, PW-2 sought some time to make the payment. Again on 05.04.2005, the respondent went to PW-2's shop and

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