The ruling emphasizes that directing another person to accept a bribe constitutes acceptance under the Prevention of Corruption Act, validating the conviction based on demand and acceptance of illegal gratifications.

JUDGMENT :

(G. ILANGOVAN, J.)

These criminal appeals are filed against the judgment of conviction and sentence passed in Special Case No.23 of 2011, dated 09/07/2019 by the Special Court for Trial of cases under Prevention of Corruption Act, Tiruchirapalli.

2.The case of the prosecution in brief:-

The first accused, N.Lakshmi was serving as a Deputy Block Development Officer (Noon Meal Program) in Panchayat Union Office, Thiruverambur. The complainant A.Jancy Rani, who is a physically disabled person was eligible to apply for the post of the Noon Meal Organizer in St.Joseph High School, Ayyampatti. She gave a petition along with the relevant records to the Commissioner, Panchayat Union, Thiruverambur on 30/12/2009. Then on 27/01/2010, the complainant went to the Thiruverambur Panchayat Union Office enquired her petition, kept pending by the first accused. On the next day, the complainant met the first accused. At that that, the first accused demanded Rs.10,000/- as bribe amount. Based upon the complaint, trap was laid. Case in Crime No.2 of 2010 was registered for the offence under section 7 of the Prevention of Corruption Act. The accused was arrested during trap. After completing the formalities of the investigation, filed final report. It was taken on file by the Special Court for Trial of cases under Prevention of Corruption Act, Tiruchirappalli in Special Case No.23 of 2011 for the offence under sections 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988. After completing 207 Cr.P.C proceedings, the following charges were framed against the accused persons:-

(i)The first accused was working as Block Development Officer in Thiruverambur Panchayat Union, Trichy District between 28/08/2008 and 28/01/2010; During that period, the de-facto complainant by name Jancy Rani applied for the post of Noon Meals Organiser, on 30/12/2009; To process the application, the first accused demanded Rs.10,000/- as illegal gratification for discharging her official duty, on 27/01/2010 at about 04.00 pm and thereby, she committed an office punishable under section 7 of Prevention of Corruption Act;

(ii)In the same course of transaction, on on 28/01/2010 between 04.30 pm and 04.40 pm, the first accused directed the de-facto complainant to give money to the second accused; the second accused accepted the bribe amount and thereby, the first accused obtained the money through the second accused as illegal gratification. So, the first accused is liable to be punished for an offence under section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act; and

(iii)The second accused was working as Noon Meals Organiser in Thiruverambur Panchayat Union Primary School between 03/06/2004 and 28/01/2010; In the course of the above said transaction, the second accused accepted the money on behalf of the first accused knowing that it is a bribe amount and thereby, she has committed offences punishable under sections 7 and 12 of the Prevention of Corruption Act.

3.To that charges, the accused pleaded not guilty and claimed to be tried.

4.During the trial process, on the side of the prosecution, sixteen witnesses have been examined and 20 documents