Back
2019 Supreme(Mad) 3234
IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
B. Pugalendhi, J.
State – Appellant
Versus
C. Dhanabalan – Respondent
Crl. A. (MD) No. 4 of 2015
Decided On : 06-12-2019
Advocate Appeared:
For the Appellant : K.K. Ramakrishnan, Additional Public Prosecutor
For the Respondent:A.S. Mujibur Rahman, Advocate
Headnote:
Prevention of Corruption Act, 1988 - Section 7 - Vigilance and Anti Corruption Act - Section 20 - Registered sale deed - First Information Report - Appeal against acquittal - respondent/accused worked as Village Administrative Officer Village and also held the additional charge for Village District - One of complainant purchased a house plot in Nagar of Village in from one through a registered sale deed, bearing before For transferring revenue records, he applied for change of to and in that regard complainant respondent/accused and enquired about his application - At that that the said work has already been completed and demanded a sum as illegal gratification complainant who was not willing to pay the amount, as demanded by the respondent/accused, lodged a complaint before Inspector of Police Vigilance and Anti Corruption – Held, Accordingly, the respondent/accused has appeared before this Court – But neither respondent/accused nor the Counsel representing him produced any medical records/sheets in support of their contention – Therefore matter was adjourned - Today, learned Counsel for the respondent produced the medical records and submitted that the respondent is a chronic patient and he is surviving with one kidney and in view of that is having fluctuations on his blood glucose level also - Perusal of the medical record reveals that even in Doctor, who have examined the respondent, has observed that his right kidney is not functioning and a similar such report is also available in report lab report of also indicates that he is having high blood glucose level - Respondent/accused is also present before this Court and his appearance also exposes that he is a chronic patient - He has expressed his difficulties and also pleaded that he had not committed any mistake and prayed to show sympathy - Counsel for respondent/accused has also filed an affidavit respondent that they are about to file an appeal before Supreme Court and by relying upon Section 389 requested some time for surrender - Considering nature of offence and the condition of respondent/accused, this Court imposes sentence - One year rigorous imprisonment to pay a fine of and in default of payment of fine amount to undergo simple imprisonment for a period of two months for the 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 – Order accordingly
JUDGMENT :
B. Pugalendhi, J.
1. This Criminal Appeal is preferred by the State 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 Special Case No. 73 of 2011, dated 30.07.2014.
2. The brief facts of the case, as projected by the prosecution, are as follows:
2.1. The respondent/accused worked as Village Administrative Officer, Elanthapatti Village from 11.08.1982 to 20.10.2008 and also held the additional charge for Gundur Village, Tiruchirappalli District. One Baskar of Ariyalur Taluk/defacto complainant purchased a house plot in Renuga Nagar S. No. 299/7A of Gundur Village in the year 2006 from one Poovayee Ammal through a registered sale deed, bearing No. 3291/2006, before the Sub Registrar, K. Sathanur. For transferring the revenue records, he applied for change of patta to the Tahsildar, Trichy and in that regard, on 17.10.2008, the defacto complainant [P.W. 2] met the respondent/accused and enquired about his application. At that time, the respondent/accused informed the defacto complainant [P.W. 2] that the said work has already been completed and demanded a sum of Rs. 2000/- as illegal gratification. The defacto complainant [P.W. 2], who was not willing to pay the amount, as demanded by the respondent/accused, lodged a complaint [Ex. P2] before the Inspector of Police [P.W. 9], Vigilance and Anti Corruption, Trichy on 20.10.2008 at about 08.00 am.
3. The Inspector of Police [P.W. 9], after ascertaining the truth from the complaint, registered the same in Crime No. 27 of 2008 under Section 7 of Prevention of Corruption Act. The printed First Information Report is marked as Ex. P11. He also made a request to the Public Works Department and Directorate of Medical Education to debut officers to accompany the complainant as shadow witnesses. Accordingly, R. Dhanagopal, Junior Assistant in the Office of Superintendent Engineer, Public Works Department, Motor Division, Trichy and A. Natarajan [P.W. 3], Assistant in the Office of Joint Director of Medical Education, Trichy, were deputed.
4. P.W. 9 introduced the witnesses to the complainant and they also ascertained the nature of complaint by perusing the same. An entrustment mahazar was also prepared in their presence and the procedure for phenol-phthalein test was also demonstrated to them. P.W. 9, after smearing phenolphthalein powder on the currency notes [MO1 series - four 500 rupee notes], instructed the defacto complainant [P.W. 2] to meet the accused at his office along with the witnesses and if the accused demanded and accepted the bribe amount, then he was instructed to give the prearranged signal. Thereafter, the defacto complainant [P.W. 2] and other witnesses proceeded to the Office of Village. Administrative Officer, Gundur, around 12.55 pm.
5. The accused officer invited P.W. 2 and P.W. 2 ascertained whether his patta and chitta are ready. The accused officer assured him that both are ready and reiterated his demand of Rs. 2000/-. As arranged, P.W. 2 gave the sum of Rs. 2000/- to the accused officer, in the presence of the official witness Dhanagopal and the accused officer received, counted and kept the same in his shirt packet. Thereafter, the accused officer handed over the patta and chitta to P.W. 2 and after receiving the same, P.W. 2 came out and gave the pre-arranged signal.
6. Thereafter, P.W. 9 came to them, ascertained the happenings and the police party, along with P.W. 2, witnesses P.W. 3 and other official witness Dhanagopal entered into the office of the accused. P.W. 9 introduced himself to the accused and also P.W. 3 and conducted the phenolphthalein test on the hands of the accused and the colour of the solution changed into Pink. The solution, in which the right hand was dipped, collected under MO2 and the solution, in which the left hand fingers, was dipped, was collected under MO3. P.W. 9 also recovered the currency notes [MO1 series] from th
