The prosecution must prove the demand and acceptance of illegal gratification as a fact in issue, which can be done through direct evidence, documentary evidence, or circumstantial evidence.

JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374 of Cr.P.C., pleased to allow this Criminal Appeal, set aside the judgment dated 11.01.2016 passed by the Hon''ble Special Judge/Chief Judicial Magistrate, Thiruvallur, in Spl.Case No.13 of 2010, pass such other orders.)

1. The appellant herein is the accused in Special Case No.13 of 2010, on the file of Special Judge, Chief Judicial Magistrate Court at Thiruvallur. The accused was tried for the offences under Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. The Learned Trial Judge, on appreciating the testimony of 10 witnesses, 12 documents and 7 material objects found the appellant guilty and sentenced him to undergo one year rigorous imprisonment and with fine of Rs.10,000/-, in default, simple imprisonment for three months for offence under Section 7 of Prevention of Corruption Act, 1988. Sentenced him to undergo two years R.I and fine of Rs.10,000/-, in default three months simple imprisonment for offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act. The period of sentence ordered to be run concurrently. The period of imprisonment already undergone ordered to be set off.

2. The case of the prosecution as spoken through its witnesses is capsulized below:-

One Mr.Vijayakumar, working as a Planning Engineer in a construction Company by name M/s.Kreta Construction Private Limited submitted application for transfer of Patta, on behalf of M.O.S Ameer and S.H.Aiysha, who are relatives of his Company Director Mr.K.Ameer. The said application dated 07/07/2008 was not considered for a month therefore, he went to the Taluk Office at Ambattur and enquired. He was instructed to meet the accused, who was serving as Firka Surveyor at Ambattur Taluk Office at that point of time. After, he met the accused and enquired, the application was processed. Again, on 18/11/2008, at 14.00 hrs when Vijayakumar met the accused and asked for patta copy, the accused demanded Rs.25,000/- as gratification. After negotiation, the accused agreed to receive bribe in instalment, viz., Rs.10,000/- as advance and balance to be paid on receipt of the patta. He asked Vijayakumar to meet him on 24/11/2008 with money.

3. When Vijayakumar informed his Managing Director, Mr.Ameer and the applicants about the demand of bribe by the accused, they decided not to give bribe to the accused but to report the matter to the Vigilance Department. Accordingly, Vijayakumar gave a complaint on 24/11/2008 to the Deputy Superintendent of Police, DV&AC, at Nandanam. Case in Crime No.5/AC/2008/CC-III was registered by the Inspector of Police, Mr.Venkatesan as directed by the DSP. Trap was organised in the presence of two official witnesses by the Inspector of Police Mr.Venkatesan. After demonstrating the significance of phenolphthalein-sodium carbonate test to the witnesses, he entrusted the phenolphthalein smeared currency to the complainant. The numbers of those currency recorded in the entrustment mahazar. He took his team to the Office of the accused and reached at about 15.30 hours on 24/11/2008. The complainant Vijayakumar and one of the shadow witness Jaya Kumar met the accused at Ambattur. As requested by the accused, they accompanied him to his Office-cum-residence at Vanagaram in an auto rickshaw. The other members of the trap team followed them. At his Office-cum-residence in Vanagaram the accused demanded money and obtained the phenolphthalein smeared currency (Rs.1000 x 1; Rs.500 x 14 and Rs.100 x 10) sum of Rs.10,000/- from the complainant Vijayakumar. Thereafter, the complainant and the shadow witness came out and gave the prearranged signal to the trap team by changing the wrist watch from one hand to another. Thereafter, the Inspector, Venkatesan entered the Office-cum-residence of the accused and introduced himself and prepared sodium carbonate solution and asked the accused to dip his fingers in the colourless sodium carbonate solut