The main legal point established in the judgment is the requirement for the prosecution to provide sufficient and credible evidence to prove the elements of corruption under the Prevention of Corruption Act.

JUDGMENT :

PRAYER : Criminal Appeals have been filed under section 374 of Criminal Procedure Code to set aside the Judgment dated 22.04.2015 passed by the Special Judge (under Prevention of Corruption Act) Principal Sessions Judge at Puducherry, passed in Special C.C.No.16 of 2010.

These appeals are filed challenging the order of the Special Judge for Prevention of Corruption Act, Pondicherry, convicting the Village Administrative Officer and his Assistant for receiving Rs.400/- as bribe to forward the application given by one Sivaguru seeking financial assistance under Rajiv Gandhi Social Security Scheme for poor.

2. The said Scheme is meant for widower of the economically weaker section over the death of wife. According to the defacto complainant, (Sivaguru), he lost his wife on 11.01.2009. So, he made an application on 03.03.2009 under the said Scheme. When he met the Village Administrative Officer, Seshachalam(A1), on 09.03.2003, A1 demanded Rs.500/- to forward the application to the Thasildar for processing. When the complainant expressed his inability to pay Rs.500/-, the said Seshachalam has retorted saying for getting Rs.25,000/-, why he hesitate to pay Rs.500/- as bribe. Then Sivaguru gave Rs.100/- to A1 and promised to come back. Not interested to give bribe and get the benefit of the Scheme he has approached the Vigilance and Anti Corruption Police Unit, Pondicherry and lodged a complaint reporting about the demand of illegal gratification by A1-the Village Administrative Office.

3. The complaint was taken for investigation and the Inspector of Police prepared proceedings for the trap. He arranged two official witnesses viz., Suriya Prakash Rao and A.V.V.S.Sasthri. On 20.03.2004 in the presence of the two official witnesses pre-trap procedure demonstrating the significance of phenolphthalein-sodium carbonate test in the presence of the witnesses was conducted by the trap laying officer and the same was recorded. The bribe money of Rs.400/- (4 nos. x 100 rupees) was smeared with phenolphthalein powder and kept in the pocket of the defacto complainant with an instruction that he should not touch the currency note except while handing over the amount to Village Administrative Officer Seshachalam, if he demands the bribe. The trap team thereafter went to the office of the Village Administrative Officer.

The defacto complainant Sivaguru entered the room of the Village Administrative Officer, gave the tainted money to Village Administrative Officer on his demand and thereafter, he came out from the room and gave the pre-arrange signal by wiping his face with the hand kerchief.

4. On receiving the signal, the trap team entered in to the room of the Village Administrative Officer and enquired with the defacto complainant, whether the tainted money was received by the accused. The defacto complainant informed the Trap Laying Officer that the Village Administrative Officer demanded the money and he gave the money to Village Administrative Officer, who received it and after counting it, gave it to his Assistant Janarthanan(A2), who received that money and kept in his shirt pocket. When the Inspector enquired the Village Administrative Officer about the money, he accepted receipt of the money from the defacto complainant and informed that the money is with the second accused Janarthanan. Thereafter, the said Janarthanan took out the money and gave it to the trap laying officer, who asked one of the member in the trap team to verify the currency numbers found in the money given by the second accused with the numbers noted in the entrustment Mahazar. They tallied. The phenolphthalein sodium carbonate test was conducted in the hands of the first accused and the second accused and also in the hands of P.W.2/the defacto complainant. The hand wash solutions were sent to forensic laboratory for test and the report confirmed the presence of phenolphthalein and sodium carbonate solution collected from the right and left hands wash of the accu