The judgment establishes that the demand and acceptance of illegal gratification must be proven as a fact, and the prosecution can rely on direct or circumstantial evidence to establish guilt.

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.Mahalingam a retired employee of Hindustan Photo Films Limited, Ooty, on his retirement, shifted his family from Ooty to his native at Arachalur, Erode District. To get migration certificate for his children and re-register their names in the Erode Employment Office by transferring their names from Ooty Employment Exchange, he submitted four applications before the VAO of Arachalur Village on 17.10.2008. On receipt of those applications, the details were recorded in the Register and acknowledgement slips for the receipt of the applications were handed over to M.Mahalingam with an instruction to present the applications before Tr.S.M.Anbumani, Revenue Inspector of Arachalur Firka/the appellant herein for further processing. Thiru.Mahalingam met the appellant on 31.10.2008 at about 11.00 hours and requested to process the application. After making preliminary enquiry, the appellant asked the defacto complainant to get a certificate from Village Administrative Officer Thiru.Mahalingam got it from VAO and gave to the appellant at about 16.00 hours on the same day. At that time, the appellant demanded sum of Rs.500/- as illegal gratification as a motive to process the migration certificate. Thiru.Mahalingam met the appellant again on 03.11.2008, on that day also the appellant reiterated his earlier demand and returned the migration certificate applications to Thiru.Mahalingam with an instruction to get the signature of the applicants and give it back with bribe of Rs.500/-. Without the bribe money, Thiru.Mahalingam submitted the applications to the appellant on 06.11.2008 at about 11.00 hours. At that time, the appellant who reiterated his earlier demand of bribe negotiated with Thiru.Mahalingam and reduced the demand from Rs.500/- to Rs.300/-. Thiru.Mahalingam was not willing to pay any bribe, had preferred the written complaint before the Inspector of Police, Mr.C.Rajesh, Vigilance and Anti-Corruption, on 06.11.2008 at about 13.00 hours.

4. Case was registered against the accused for the offence under Section 7 of Prevention of Corruption Act, 1988. The Trap was organised by the Inspector of Police Mr.C.Rajesh. He took assistance of two official witnesses Mr.Mohamed Hanif, Assistant Director of Chennimalai Jeeva Handloom Weaver''s Association and Mr.Prathumnan. In their presence, the demonstration of phenolphthalein and sodium carbonate test conducted. Three notes of Rs.100/- each in denomination smeared with phenolphthalein powder given to P.W.10 with an instruction to give the money to the appellant, if he demands. The pre-trap proceedings were reduced into writing. Then the trap team had left the Vigilance Office and reached Office of the appellant at about 17.00 hours on 16.11.2008. Thiru.Mahalingam, the defacto complainant and Thiru.Mohammed Hanifa o