Public servants are prohibited from demanding bribes to resolve civil disputes, and evidence of demand and acceptance of bribes must be credible and established.

JUDGMENT :

(G. ILANGOVAN, J.)

This Criminal Appeal is filed against the judgment of conviction and sentence passed in Special Case No.67 of 2004, dated 28/02/2019 by the Special Court/Chief Judicial Magistrate, Kumbakonam.

2. The case of the prosecution in brief :-

The de-facto complainant was living in Kaveri Nagar, Kumbakonam. In 2005, he borrowed Rs.3,000/- from one Sivasamy and others. He was repaying the money with interest on daily basis. Since he closed his petty shop, he was not able to pay the money. So, they threatened him to pay Rs.3,000/- in total. But he has stated that he already paid Rs.4,500/-. Since he was criminally intimidated, he lodged a complaint on 21/05/2008 with the Sub Inspector of Police, in Kumbakonam East Police Station. He was asked to come on the next day. On 25/02/2008, A2-Shanthanam enquired Sivasamy. At that time, A1 was also present. A1` asked him to pay Rs.10,000/- to Sivasamy. But he refused. Later, the money was reduced to Rs.5,000/-. Under compulsion, he was forced to sign in a pro-note. Later, A2 issued receipt in CSR No.225 of 2008. Thereafter, A1-Sevlarajan demanded Rs.1,000/- for settling the issue. Based upon the complaint, trap was laid. Case in Crime No.4 of 2008 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, final report was filed. It was taken on file by the Chief Judicial Magistrate/Special Judge, Kumbakonam, in Special Case No.67 of 2014 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, framed the following charges against the accused persons:-

(i)On 29/08/2008 at about 07.00 p.m, when the de-facto complainant gave a petition seeking for the settling the issue between himself and one Sivasamy, the accused demanded Rs.1,000/- as bribe amount for settling the issue and thereby, the accused committed an offence punishable under section 7 of the Prevention of Corruption Act, 1988 ; and

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

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

4. During trial process, on the side of the prosecution, 17 witnesses were examined and 37 documents marked. Apart from that, MO1 to MO5 were also marked. One witness was examined on the side of the accused, but no document was marked.

5. PW2 was living in Kaveri Nagar, Kumbakonam. In 2005, he borrowed Rs.3,000/- from one Sivasamy and others. He was repaying the money with interest on daily basis. Since he closed his petty shop, he was not able to pay the money. So, they threatened him to pay Rs.3,000/- in total. But he has stated that he already paid Rs.4,500/-. Since he was criminally intimidated, he lodged a complaint on 21/05/2008 with the Sub Inspector of Police, in Kumbakonam East Police Station. He was directed to come on the next day. On 25/02/2008, A2-Shanthanam enquired Sivasamy. At that time, A1 was also present. The accused asked him to pay Rs.10,000/- to Sivasamy. But he refused. Later the money was reduced to Rs.5,000/-. Under compulsion, he was forced to sign in a pro-note. Later, A2 issued receipt in CSR No.225 of 2008. Subsequently, the first accused Selvarajan demanded Rs.1,000/- for settling the issue. He expressed his inability to pay the money. On 08/08/2008, when he was going near Gandhi Park at about 05.00 pm. A1 asked him whether he brought money demanded by him. On 13/08/2008, he went to the police. At that time, A2 was present. He told A2 that he will bring the money soon. On 29/08/2008 again, he went to the Kumbakonam East Police station. Again, A1 demanded Rs.1,000/-. Similarly A2 demanded