Police officials cannot involve themselves in civil disputes and demand bribes for resolution; prosecutions require valid sanction from superior officers, which was upheld in this case.

JUDGMENT :

This Criminal Appeal is filed against the conviction and sentence imposed by the Special Court-cum -Chief Judicial Magistrate, Thanjavur at Kumbakonam in Special Case No.61 of 2014, dated 14/03/2018.

2.The case of the prosecution in brief:-

The first accused was working as Inspector, second accused as Head Constable and third accused as Sub Inspector of Police in the Ayyampettai Police Station during 2003. On 01/03/2003, the de-facto complainant gave a complaint against his sister Mallika with regard to civil dispute between them. It was received by the police officials, for which, receipt was given in CSR No.81 of 2003. That was enquired by the police officials. Again, on 31/05/2003 the de-facto complainant gave another complaint, which was also received and CSR No.198 of 2003 was issued. On 06/07/2003 at about 09.30 am, when the accused person enquired the complaint, they demanded illegal gratification of Rs.3,000/-, of which Rs.2,000/- for the first and second accused and Rs.1,000/- for the third accused. Subsequently reiterated the demand on 18/07/2003, 21/07/2003 and 23/07/2023 at the Ayyampettai Police Station for settling the civil dispute prevailing between the complainant and his sister Mallika. Not willing to bribe, the de-facto complaint lodged a complaint with the respondent. Based upon the complaint, trap was laid. Case in Crime No.14 of 2003 was registered for the offence section 7 of Prevention of Corruption Act. The accused was arrested in the trap. After completing the formalities of the investigation, final report was filed. It was taken on file by the Special Judge-cum-Chief Judicial Magistrate, Thanjavur @ Kumbakonam in Special Case No.8 of 2004 for the offences under sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act. After completing 207 Cr.P.C proceedings, framed the following charges against the accused persons:-

(i)The accused persons were working as Police Officials in the Ayyampettai Police Station during 2003; On 01/03/2003 the de-facto complainant gave a complaint against his Sister Mallika with regarding civil dispute between them; That was enquired by the police officials; Again on 31/05/2003, the de-facto complainant gave another complaint, which was also received and enquired by them; On 06/07/2003 at about 09.30 am, when the accused person enquired the complaint, they demanded illegal gratification of Rs.3,000/- and subsequently reiterated the demand on 18/07/2003, 21/07/2003 and 23/07/2023 in the Ayyampettai Police Station for settling a civil dispute prevailing between the complainant and his sister Mallika and thereby, the accused committed an office under section 7 of the Prevention of Corruption Act, 1988; and

(ii)In the course of same transaction, the accused persons by using their official position as public servant, obtained Rs.3,000/- as pecuniary advantage for themselves from the complainant and thereby the accused committed an offence under section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

3. To that charges, the accused pleaded not guilty and claimed to be tried. Thereafter, the case was transferred to Special Court, Trichy and taken on file as Special Case No.48 of 2012. During trial process, as per the direction of this court, it was transferred to Special Court-cum-CJM Court, Thanjavur @ Kumbakonam and taken on file in Special Case No.61 of 2014

4. During the trial process, on the side of the prosecution, 27 witnesses have been examined and 51 documents marked. Apart from that, MO1 to MO4 marked. On the side of the accused, no oral evidence was adduced, but two documents marked.

5. PW2 is living in the Middle Stree