The judgment emphasizes the importance of proving the charges of demand, acceptance, and recovery of bribe money beyond reasonable doubt.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 378 of Cr.P.C., to set aside the Judgment of acquittal of the respondent/Accused passed by the Special Court for the Cases under Prevention of Corruption Act at Chennai in C.C.No.4 of 2011 (Old C.C.No.30/2010) dated 23.06.2014, convict and sentence the Respondent/Accused of the charges framed against him.)

1. This Criminal Appeal has been filed to set aside the Judgment of acquittal of the Respondent/Accused, passed by the Special Court for the Cases under Prevention of Corruption Act at Chennai in C.C.No.4 of 2011 (Old C.C.No.30/2010), dated 23.06.2014.

2(a). The case of the prosecution is that V.Vinayagamoorthi, the Respondent/Accused, formerly worked as Office Assistant at the office of the Thasildar, Mambalam, Guindy Taluk Office, K.K. Nagar, Chennai is a public servant as defined under section 2 (c) of the Prevention of Corruption Act, 1988.

2(b). The defacto complainant K.Ramesh (PW2) as a resident of Taramani, Chennai gave two applications to the Tahsildhar, Mambalam, Guindy Taluk Office, sought for Income Certificate for himself and Community Certificate for his children. When he went to the Taluk office in the morning on 16.02.2009, the Accused voluntarily received the applications from him and demanded Rs.800/- as illegal gratification, for the delivery of the said Certificates and asked him to come in the evening and to collect the certificates and when requested by the said K.Ramesh, the Respondent/Accused reduced the demand amount to Rs.500/-.

2(c). The said Ramesh (PW2) met the Respondent/Accused V.Vinayagamoorthy at his office @ K.K.Nagar in the evening of 16.02.2009, the Respondent/Accused gave all the required certificates to him and on verification, it was found that the name of his son Ilayarajavel was written as Ilayarajagopal in the Community Certificate and when it was brought to the knowledge of the Accused, he retained Community Certificate with him and handed over the Income Certificate and asked him to come in the afternoon of 18.02.2009, with the bribe amount and to collect the said corrected certificates.

2(d). The said K.Ramesh (PW2), who was not willing to pay the bribe, lodged a complaint and thereafter, a trap was organized after registration of F.I.R.

2(e). In pursuance of the above said demand, trap was planned, the said K.Ramesh (PW2) accompanied by the official witnesses PW3 & PW4 met the Respondent/Accused on 18.02.2009, at his office and the Respondent/Accused reiterated his earlier demand and accepted the demanded amount of Rs.500/- as illegal gratification, other than legal remuneration as a motive or reward, by corrupt and illegal means and by abusing his official position as pecuniary advantage for himself.

2(f). The Respondent / Accused was caught red-handed, after his demand and acceptance of the bribe amount of Rs.500/- from PW2, the defacto complainant, herein.

2(g). The Phenolphthalein test conducted on the right and left hand fingers and inside the shirt pocket of the Respondent/Accused, who received the bribe amount from PW2, were proved positive. The tainted currencies were seized from the Respondent/Accused through a seizure Mahazar. The Respondent/Accused was arrested for demanding and accepting illegal gratification and sent for judicial custody.

2(h). The further investigation was done by Kanagaraj Joseph (PW11) and later by Ali Bahsa (PW12), Deputy Superintendent of Police, Vigilance and Anti Corruption, Chennai and after completion of the detailed investigation, the investigation Officer filed a Charge sheet against the Respondent/Accused for the offences under Sections 7, 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988, before the Principle Sessions Court, Chennai and the same was taken on file as C.C.No.30 of 10 by the Court below and thereafter, the case was transferred to the learned Special Judge for the cases under Prevention of Corruption Act, Chennai and was taken on file in C.C.No.4 of 11.

2(i). Charges were