The sufficiency of evidence to prove demand and acceptance of illegal gratification under the Prevention of Corruption Act.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C., praying to set aside the order of conviction dated 06.06.2016 made in Special Case No.15 of 2011 on the file of Special Judge and Chief Judicial Magistrate, Tiruvallur and acquit the appellant.)

1. On 17/08/2009, the de facto complainant, Mr.Murali and his family members applied for separate patta after they effected partition of their joint family property. In this connection, on 03.09.2009 Murali met the appellant, who was working as Firka Surveyor, at Poonamallee at the relevant period and enquired about the status of the applications. The appellant demanded Rs.5,000/- as gratification for processing the patta transfer applications. The de facto complainant requested the appellant to reduce the bribe claim and the appellant obliged by reducing it to Rs.3,000/- and told the de facto complainant to bring the money on 08.09.2009.

2. The de facto complainant was not interested in giving bribe to get the patta, so he consulted his friend and got the address of the Vigilance office. On 07.09.2009, he went to the Vigilance office at Nandanam, Chennai and gave a written complaint about the demand of bribe by the Firka Surveyor, Poonamallee to do his official duty. A case in crime No: 09/AC/09/CC-IV dated 07.09.2009 was registered and taken up for investigation. Two witnesses P.Mayandi and K.Sellamani, both working as Assistants in Agricultural Engineering Office were requested to be shadow witnesses for the trap proceedings. At about 09.45 am on 08.09.2009, pre trap proceedings, such as demonstration of the sodium carbonate- phenolphthalein test and the entrustment of the bribe money smeared with phenolphthalein powder to the de facto complainant Murali was completed and the Entrustment Mahazar was prepared. Thereafter, the trap team headed by Arulselvan, Inspector of Police (PW-10) proceeded to Poonamallee, Thasildar office.

3. The de facto complainant and the shadow witness Mayandi reached the Thasildar Office at about 11.30 am. The accused was not in his seat. On equiry they came to know that he had gone to Varadarajapuram on duty and will be back only afternoon. Hence, they waited for the accused in the portico of the Thasildar office. At about 14.30 hrs, the accused came and the de facto complainant met him in the portico. When the accused enquired the de facto complainant whether he has brought the money he demanded, the de facto complainant took out the tainted 6 notes of 500 Rupees denomination and gave it to the accused. The accused received it with both his hands, counted and then kept it in his shirt left side pocket. After giving the bribe of Rs.3,000/- , the de facto complainant and the shadow witnesses came back. On receipt of the pre arranged signal from the de facto complainant, the trap team waiting outside, rushed inside the building. On being identified, the accused was taken to the office of the Thasildar located in first floor of the building.

4. In the presence of the Deputy Inspector Jeevanantham and Head Quarters Deputy Thasildar Tmt.Renuga, the accused was interrogated by the Inspector Arulselvan. The accused hands and shirt were subjected to sodium carbonate test by dipping it in the colour less solution of sodium carbonate prepared separately. On the dip of the hands and the shirt pocket portion, the colourless solution turned light red. Confirming that the accused has handled the phenolphthalein smeared currencies, the accused was asked to hand over the money. He took, the money from his shirt pocket and handed over the 6 notes of Five hundred rupees currencies to the Inspector. The numbers found in those notes were compared with the numbers noted in the Entrustment Mahazar and they tallied. From the table of the accused, the files relating to the patta transfer applications were recovered. A copy of the documents duly attested by the Deputy Inspector Jeevanantham were recovered under the mahazar.

5. The solutions collected during the