The main legal point established in the judgment is the requirement for proof of demand and the validity of the sanction to prosecute in cases under the Prevention of Corruption Act.

JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to set aside the judgment of conviction and sentence agianst the appellants by the judgment dated 28.10.2015 in Special C.C.No.11 of 2011 on the file of the learned Special Judge for cases under Prevention of Corruption Act, Coimbatore and acquit the appellants of all charges and allow the appeal as prayed for.)

1. The appellants are accused 1 and 3 in Special C.C.No.11 of 2011 on the file of the Special Court for cases under Prevention of Corruption Act at Coimbatore.

2. The case of t he prosecution:

PW-1 [Mr.Maduraiveeran]the Proprietor of Sri Ganapathy Timber Mart at Madukarai Road, Sundrapuram, Coimbatore purchased 55 teak wooden logs worth Rs.1,65,461/- from one Nazar (PW-7) of Kerala and transported it to Coimbatore through lorry bearing registration No:KLG 9030. On 08/11/2004, at about 1.30 pm, while he was unloading the wooden logs engaging kalasi''s, the Forester Muthukumar (A-1), Forester Venkatesan (A-2) and Forester, Yesudass (A-3) in the Forest Department Jeep bearing Registration No: TN 38 G 0382 driven by its Driver Marimuthu (A-4), came to his timber depot and enquired the lorry driver about the source of the timber and asked the Kalasi’s to stop unloading. They asked PW-1 to produce the permit issued by Forest Department and Invoice. All the four accused verified the permits and invoice and said that the documents are not satisfactory and asked Kalasi''s to bring the lorry with timber load to the Forest Range Office. When PW-1 asked them, why should he give bribe, when he possess valid document to transport the timber, all the four accused demanded Rs.5000/- as bribe, if he wants them to drop action. When PW-1 told them that he is not having that much money and requested to reduce the demand, they reduced their demand to Rs.2000/-. PW-1 asked them to come on the next day i.e 09/11/2004 at 9.00 a.m to collect the money. Then they permitted to unload the logs and returned in the jeep.

3. On 09/11/2004 at 12.00 noon, the driver Marimuthu(A-4) called PW-1 over phone and enquired whether he has made ready the money demanded. PW-1 assured him that he will give the money by 5.00 p.m and they can come and collect. PW-1 who had in his possession all the necessary permits and bills was not inclined to give bribe. Hence, he went to the office of Vigilance and Anti-corruption at Coimbatore at 3.00 p.m and gave a written complaint about the demand of illegal gratification by the 3 foresters and 1 driver of the Forest Department.

4. PW-10 [Mr.Selvaraj], the Inspector of Police, DV & AC, Coimbatore received the complaint and registered FIR in Crime No.14/2004 under Section 7 of the Prevention of Corruption Act, 1988. Two officials by name Bakthavachalam (PW-2) and Kandasamy, both working as Revenue Inspectors were asked to be witnesses to the trap proceedings. In their presence, pre trap proceedings and entrustment of phenolphthalein smeared currency to PW-1 was completed at about 3.55p.m. The trap team left to the Ganapathy Timber Depot. While PW-1 and PW-2 went inside the depot, PW-10 the trap laying officer and the other shadow witness Kandasamy stayed outside the depot. The accused A-1 to A-4 came in the Jeep and parked it near the depot. A-1 to A-3 went inside the depot, while A-4 the driver parked the jeep and stayed in the Jeep. A-1 demanded money and PW-1 took out the four 500 rupees notes (M.O-3) smeared with phenolphthalein and gave it to A-1. After requesting A-1 to A-3 to stay for tea, PW-1 came out and gave the pre agreed signal to the trap team waiting outside. On the arrival of the trap team, PW-1 identified the accused and told A-1 had received the money. Then all the three accused were asked to dip their hands in the sodium carbonate solution kept separately in tumblers. Both the right hand and left hand dip of A-1 in the solution changed the colourless solution into pink colour. The rest of the accused A-2 to A-4 when