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2023 Supreme(Mad) 1946

G. JAYACHANDRAN
S. M. Anbumani – Appellant
Versus
State Rep. by The Deputy Superintendent of Police, Vigilance & Anti Corruption, Erode V & AC. – Respondent


Advocates appeared:
For the Appellant:S. Vijaya Kumar, Senior Counsel, J. Melwin Jabaz, Advocate. For the Respondent:S. Udaya Kumar, Government Advocate (Crl.Side).

JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374 (2) of Cr.P.C., pleased to set aside the conviction imposed in judgment dated 28.02.2020 made in Special C.C.No.12 of 2015 on the file of the Chief Judicial Magistrate/Special Judge, Erode, by allowing this Criminal Appeal.)

1. The appellant is a public servant working as Revenue Inspector in Arachalur Firka, Erode District was trapped by the Vigilance Police on 06.11.2008 at about 17.25 hours when he accepted a bribe of Rs.300/- in the veranda of Revenue Inspector Office, Arachalur from M.Mahalingam to issue migration certificate for his three daughters and one son.

2. The trial Court convicted the appellant and sentenced him to undergo 1 year R.I and to pay fine of Rs.5000/- in default 1 month S.I for the offence under Section 7 of Prevention of Corruption Act and sentenced to undergo 1 year R.I and to pay fine of Rs.5,000/-, in default one month S.I for offence under Section 13(2) r/w 13(1)(d) of P.C Act. Both the sentences are ordered to run concurrently. The period of incarceration if any already undergone by the accused ordered to be set off.

3. The case of the prosecution as found in the final report is that, M.M

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