The main legal point established is the sufficiency of witness testimony and trap operation evidence to prove the demand and acceptance of illegal gratification, as well as the consideration of the accused's duty as a bill collector.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374 of Cr.P.C., praying to call for the records relating to the proceedings in Spl.C.C.No.69 of 2014 on the file of the learned Special Judge (Special Court for Trial of Cases under the Prevention of Corruption Act), Salem in Spl.C.C.No.69 of 2014 and set aside the order of conviction dated 15.12.2015 and the set the appellant at liberty.)

1. The appellant herein is a bill collector in Salem Corporation, who was found guilty of demand and acceptance of bribe of Rs.1,000/- from one Sagadevan to permit him to carry on business of selling Ragi porridge in his push cart in and around Salem new bus stand. Pursuant to the demands made on 08.07.2011, 09.07.2011 and 11.07.2011, the said Sagadevn has given tainted money of Rs.1,000/- to the appellant/accused on 12.07.2011 and was accepted by the appellant. However, before offering the bribe money, the said Sagadeven has gone to the Vigilance office and gave an oral complaint to the Inspector of Vigilance and Anti corruption at Salem. His oral statement has been reduced into writing by one constable K.Saravanan and the written complaint registered in Crime No.8/AC/2001 for investigation by the Inspector of Police Mr.Natarajan.

2. After registering the F.I.R., the Investigating Officer has arranged trap for the accused Vijayan, while receiving money. Hence he called two officials from TANGEDCO to be the shadow witnesses for the trap operation. After conducting demonstration regarding consequence of phenolphthalein and Sodium Carbonate test, the 10 hundred rupees note brought by the de facto complainant smeared with phenolphthalein and entrusted to the de facto complainant, Sagadevan. Entrustment Mahazar was prepared in the presence of the witnesses and thereafter the trap team along with shadow witnesses and the de facto complainant proceeded to the Motor Pump Room maintained by the Corporation at the new bus stand, Salem. Sagadevan, the de facto complainant, and Mr.Murugavel one of the shadow witnesses waited at the motor pump room from 12.30 p.m., for the accused since the room was found locked. The accused came there by 1.45 p.m., opened the lock went to the room and called the de facto complainant. He received Rs.1,000/- from Sagadevan and assured herein after the de facto complainant can run his business. He counted the money and kept it in his left side pant pocket.

3. The de facto complainant and the shadow witness came out from the room and gave the pre-arranged signal to the waiting trap team. The trap team thereafter entered the motor room. To know presence of phenolphthalein, Sodium Carbonate, solution was prepared and the accused was asked to dip his left hand and right hand in the solution prepared separately, since it turned light red, the sample was collected and each bottle, sealed and labelled. Alternate pant was given to the accused and the left side pocket portion was dipped in the Sodium Carbonate solution. Since it turned light red, the pant wash solution was collected in a bottle and the same was sealed and labelled.

4. From his right side pant pocket, the accused took Rs.18,400/- along with the slip containing shop numbers and the rent collected. On enquiry, the accused said that the said money was collection of the rent and it is supposed to be remitted in the Corporation.

5. The Trap Laying Officer called over phone to the Assistant Revenue Inspector, Vasanth Kumar of Salem Corporation to come to the spot and through his it was confirmed that the said Rs.18,400/- is the rent collected by the accused on behalf of the Corporation as per the accompanying slip. From the shirt pocket of the accused, Rs.3,500/- was recovered and stated to be his personal money. Another sum of Rs.350/- that was kept by the accused along with Rs.3,500/- was the collection from the pay and use toilet. Accepting the explanation of the accused that Rs.350/- is collected from pay and use toilet and Rs.3,500/- is his personal money, the Trap