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2019 Supreme(Mad) 3299

IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
B. Pugalendhi, J.
Inspector of Police, Vigilance and Anti Corruption Wing – Appellant
Versus
R. Meena Rajasekaran – Respondent
Crl. A. (MD) No. 234 of 2014
Decided On : 19-12-2019

Advocates:
Advocate Appeared:
For the Appellant : K.K. Ramakrishnan, Additional Public Prosecutor
For the Respondent:M. Subash Babu, Advocate

Headnote:

Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d) r/w 13(2) – Criminal Procedure Code - Section 428 - Order of acquittal - Accused was working as a Sub-Registrar - Rigorous imprisonment - respondent/first accused was charged before trial Court for offence under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 along with another accused for offence under Section 12 of Prevention of Corruption Act - During trial second accused died and therefore charge as against him was abated - With regard to respondent/first accused trial Court found her not guilty and by order acquitted her from charges and as against order of acquittal present appeal is filed - Brief facts of case in a nutshell are as follows - Respondent/first accused was working as a Sub-Registrar - While she was serving as Sub-Registrar she is said to have demanded a sum as a bribe from complainant/P.W. 2 for registering a mortgage deed to him - P.W. 2 has availed a tractor loan Mercantile Branch - Branch Manager gave him a model draft mortgage deed and suggested him to mortgage his agricultural land as a security for the tractor loan - Accordingly P.W. 2 went to office of Sub-Registrar along with draft mortgage deed and approached Sub-Registrar/first accused for registering same - First accused told him that he has to pay a sum as registration fee and another sum for her – Held, In State of Maharashtra this Court has discussed gravity of corruption cases in following words - It can be stated without any fear of contradiction that corruption is not to be judged by degree for corruption mothers disorder destroys societal will to progress accelerates undeserved ambitions kills conscience jettisons glory of institutions paralyses economic health of a country corrodes sense of civility and mars marrows of governance - It is worth noting that immoral acquisition of wealth destroys energy of people believing in honesty and history records with agony how they have suffered – Accordingly respondent/accused has appeared before this Court today - When she was questioned on sentence she pleaded innocence and prayed for lenient punishment - Respondent/accused was not able to walk by herself and she was brought by her daughter and it appears she is suffering with some ailments and she also produced her medical files - Learned Counsel for respondent/accused has also filed an affidavit of respondent that they are about to file an appeal before Hobble Supreme Court and by relying upon Section 389(3) Criminal Procedure Code requested some time for surrender - Considering nature of offence and condition of respondent/accused this Court imposes the sentence as follow - Respondent is sentenced to undergo (i) one year rigorous imprisonment and to pay a fine and in default of payment of fine amount to undergo simple imprisonment for a period of two months for offence under Section 7 of Prevention of Corruption Act and (ii) one year rigorous imprisonment and to pay a fine and in default of payment of fine amount to undergo simple imprisonment for a period of two months for offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act - Sentences are ordered to run concurrently and period of imprisonment already undergone if any shall be set off under Section 428 Criminal Procedure Code – Order accordingly

JUDGMENT :

B. Pugalendhi, J.

1. The State preferred this appeal as against the order of acquittal passed by the trial Court, namely, the Special Court for trial of cases under Prevention of Corruption Act, Tiruchirappalli, in Spl. Case No. 61 of 2011, dated 30.08.2013.

2. The respondent/first accused was charged before the trial Court for the offence under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988, along with another accused for the offence under Section 12 of Prevention of Corruption Act. During the trial, the second accused died and therefore, the charge as against him was abated. With regard to the respondent/first accused, the trial Court found her not guilty and by order dated 30.08.2013, acquitted her from the charges and as against the order of acquittal, the present appeal is filed.

3. The brief facts of the case, in a nutshell, are as follows:

(i) The respondent/first accused was working as a Sub-Registrar, Upuliyapuram, Trichy from 19.12.2005 to 07.09.2006. While she was serving as Sub-Registrar at Upuliyapuram, she is said to have demanded a sum of Rs. 900/- as a bribe from the complainant/P.W. 2 on 06.09.2006 for registering a mortgage deed to him. P.W. 2 has availed a tractor loan Mercantile Pavithram Pudhur Branch. The Branch Manager [P.W. 9] gave him a model draft mortgage deed [Ex. P5] and suggested him to mortgage his agricultural land as a security for the tractor loan.

(ii) Accordingly, P.W. 2 went to the office of the Sub-Registrar, Upuliyapuram on 06.09.2006 along with the draft mortgage deed and approached the Sub-Registrar/first accused for registering the same. The first accused told him that he has to pay a sum of Rs. 1100/- as registration fee and another sum of Rs. 900/- for her. When the complainant questioned why he has to pay a sum of Rs. 900/- to her apart from the registration fee, the first accused added that it is for her and stated that without paying any money, the document would not be registered. Annoyed over the same, P.W. 2 went to the office of the Vigilance and Anti Corruption, Trichy, on 07.09.2006 at 07.00 am and lodged the information under Ex. P2. The Inspector of Police, Mr. Pandithurai [P.W. 12] recorded the same in Crime No. 12 of 2006 [Ex. P12] u/s. 7 of the Prevention of Corruption Act. Thereafter, he also made a request for official witnesses from the Department of Integrated Child Development Scheme, Trichy and from the Public Works Department (WRO), River Conservation Division, Trichy. Accordingly, P.W. 3, Kannan, Junior Assistant in Integrated Child Development Scheme, Trichy and one Shunmuga Sundaram, Assistant in the Office of the Executive Engineer, Public Works Department (WRO), River Conservation Division, Trichy, were deputed.

(iii) The Inspector [P.W. 12] introduced P.W. 2 to the official witnesses and they also verified with P.W. 2 and the complaint. Thereafter, P.W. 12 demonstrated the Phenolphthalein test to P.W. 2, P.W. 3 and to the other official witness. He also received a sum of Rs. 1100/- for the registration fee and a sum of Rs. 900/- for the first accused, he quoted the same with phenolphthalein powder and, the serial numbers of the currency notes were noted in the entrustment mahazar Ex. P4.

(iv) P.W. 2, P.W. 12 and the official witnesses, namely, P.W. 3 and another went to the office of the Sub-Registrar, Upuliyapuram. P.W. 12 remained outside and P.Ws. 2 & 3 went inside the office of the Sub-Registrar on 07.09.2006 at about 05.15 pm and also met the first accused and requested her to register the document. She directed him to pay the registration fee of Rs. 1100/- and also verified whether he is having a sum of Rs. 900/- meant for her. After ascertaining the same, the first accused proceeded with the registration of the mortgage deed and P.W. 8 and another person signed as a witness to the deed. After completion of the registration, the witnesses and others left the office. Thereafter, the first accused enquired with P.W. 2 about the

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