JUDGMENT :

(Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., against the judgment of conviction and sentence imposed on him by the Hon'ble Special Judge/Chief Judicial Magistrate, Krishnagiri District, Krishnagiri in Special Calender Case No.2 of 2012, dated 31.10.2018 and to set aside the conviction and sentence.)

1. This Criminal Appeal has been filed to set aside the judgment of conviction and sentence imposed on the accused by the Special Judge/Chief Judicial Magistrate, Krishnagiri District, Krishnagiri in Special Calender Case No.2 of 2012, dated 31.10.2018.

2. The case of the prosecution is as follows :-

The accused was working as a Record Clerk at Government Head Quarters Hospital, Krishnagiri. The defacto complainant is a resident of Bangalore. He, along with PW-4 [Mr.Fiyaz], PW-5 [Mr.Sheik Mohideen] and PW-6 [Mr.Thanigaivel], were travelling in a Maruti Van on 23.12.2010. They were returning from Chennai to their respective place of residence. While the van was nearing Anginayanapalli Village, it met with an accident and got capsized. All the four persons got injured. On 31.12.2010, PW-2[Mr.Nisar Ahmed] applied for a copy of his wound certificate in order to claim insurance. The said application is Ex.P2. PW-2 [Mr.Nisar Ahmed] was asked to come on 03.01.2011 by the hospital authorities. However, he was not able to go to the hospital on 03.01.2011. On 05.01.2011, PW-2 [Mr.Nisar Ahmed] went to the hospital and met the accused, who demanded Rs.250/- for each wound certificate i.e. totally Rs.1000/- for four wound certificates. PW 2 [Mr.Nisar Ahmed] had no money and hence, he returned. On 06.01.2011 at 11.00 a.m., PW-2 [Mr.Nisar Ahmed] again met the accused and at that time, the accused alleged to have reiterated his demand and said that he would be able to get the certificate only if the money demanded by him was given.

3. On the same day at 06.00 p.m., PW-2 [Mr.Nisar Ahmed] went to the Vigilance Office at Krishnagiri and gave a complaint, which is Ex.P3. On 07.01.2011 at 08.00 a.m, an FIR was registered in Crime No.1/AC/2011/KG against the accused, which is Ex.P4. A trap was organized by PW-23 [Mr.Sathish], Inspector of Police, Vigilance and Anti Corruption pursuant for which he summoned PW-3 [Mr.Saravanan] and PW-15 [Mr.Stalin], the Government Servants to participate in the trap proceedings. PW-23 [Mr.Sathish], after completing the preliminary formalities for trap proceedings had reduced the happenings in an Entrustment mahazar, which is Ex.P5.

4. The trap party reached the Krishnagiri Government Hospital at 10.15 a.m., PW-2 [Mr.Nisar Ahmed] and PW-3 [Mr.Saravanan] went to the hospital and met the accused. The accused went inside, brought a file and had taken PW-2 [Mr.Nisar Ahmed] and PW-3 [Mr.Saravanan] to the Doctor, but, the Doctor was not there and hence, they came back to the room of the accused. At that time, the accused in the presence of PW-3 [Mr.Saravanan] asked PW-2 [Mr.Nisar Ahmed] whether he had brought money as instructed by him. PW-2 [Mr.Nisar Ahmed] said in the affirmative, took the money and handed the over the same to the accused. The accused received money and counted it with both hands. Thereafter, he put the money in his right side pant pocket. The accused asked PW-2 [Mr.Nisar Ahmed] to come on the next day. PW-2[Mr.Nisar Ahmed] came out and signalled the trap team. The trap team went into the hospital and asked PW-2 to wait outside. Thereafter, the accused was tested with sodium carbonate solution. Both his hands turned pink. A recovery mahazar was prepared which is Ex.P14.

5. PW-23[Mr.Sathish] asked the accused about the money for which, the accused took it out and handed over the same to PW- 23[Mr.Sathish]. PW-15 [Mr.Stalin] was asked to verify the serial numbers of the currency notes mentioned in the Entrustment Mahazar Ex.P 5 with the recovered notes. The serial numbers tallied. The appellant/accused pleaded that out of ignorance he had received the money. The accused was arres