The acceptance of bribe predicates demand, payment, and intent; a mere trap result does not equate to guilt without credible support of these components.

JUDGMENT :

N. SESHASAYEE, J.

1. The appellants herein are the legal representatives of a certain Pandiaraj who was convicted by the Special Court for V & AC Cases (Chief Judicial Magistrate Court), Dharmapuri in Spl.C.C.No.1 of 2012, for offences under Section 7 and Section 13 (2) r/w. 13(1)(d) of the Prevention of Corruption Act, and imposed with a sentence of one year simple imprisonment and with a fine of Rs.2,500/- for each of the charges, and on his failure to pay the fine, Pandiaraj was directed to undergo a default clause of one month simple imprisonment.

2.1 The case of the prosecution unfolds as below :

a) On or before 13.05.2010, Pandiaraj was working as the Inspector of Police at Karimangalam Police Station in Dharmapuri District.

b) On his file, P.W.2 faced investigation for two independent crimes based on Ext.P21 FIR in Crime No.649/2010 dated 20.07.2010 and in Ext.P7 FIR in Crime No.751 of 2010 dated 25.08.2010. In the second mentioned case, P.W.2 was arraigned as accused along with P.W.4 and others, and the nature of accusation against him involveed commission of cognizable crimes.

c) In this circumstances, P.W.2 and some of the accused persons in Crime No.751 of 2010 moved the Sessions Court, Dharmapuri in Crl.MP.No.1290/2010 for anticipatory bail. P.W.4 had been arrested in that case, and he had filed Crl.MP.No.1287 of 2010 before the Sessions Court for bail . The Sessions Court vide Ext.P23, order dated 14.09.2010 granted anticipatory bail to P.W.2 and vide Ext.P39, order dated 08.09.2010 granted bail to P.W.4, subject to certain conditions which inter alia included that P.W.2 and P.W.4 should sign at Kariamangalam Police Station daily.

d) It is in this circumstances, on 21.09.2010, P.W.2 and P.W.4 appeared before Pandiaraj, who, to repeat, was the Inspector of Police. The time was around 10 a.m. in the morning. It was at that time, Pandiaraj was said to have demanded Rs.10,000/- as bribe from P.W.2 and P.W.4, with a rider that if the money was not paid, he would implicate the other close relatives of P.W.2 and P.W.4 in the case.

e) Pandiaraj is alleged to have cellphonically contacted P.W.2 at around3.15 p.m., on the same day and reminded him of the bribe money, which the prosecution tries to establish with Ext.P.30, the Call Data Record (CDR for short) marked through P.W.16, the Nodal Officer of the cellphone service provider. During this call, Pandiaraj required both P.W.2 and P.W.4 to come to the police station at 8 p.m. in the night.

f) P.W.2 had gone to the police station and this time, the bribe amount was scaled down from Rs.10,000/- to Rs.7,000/-.

g) On 22.09.2010, at around 10.00 a.m., Pandiaraj was alleged to have again made another call to P.W.2, and informed the latter that he had been transferred from Kariamangalam Police Station, and reminded him of the bribe money.

h) On the following day, i.e., 23.09.2010 at around 12.30 in the noon, Pandiaraj was relieved from Kariamangalam Police Station. And at around 3.15 p.m., he had made yet another cellphonic call to P.W.2 and reminded him of the bribe money yet again, and was alleged to have promised that he would require his successor to do favours to P.W.2.

i) After this 3.15 p.m. call, P.W.2 preferred Ext.P5 complaint, receiving which at around 4.30 p.m., P.W.18 registered Ext.P31 FIR.

j) P.W.18 was the Trap Laying Officer (TLO), and he soon geared himself for the trap, and went through the pre-trap protocol. He landed at the quarters of Pandiaraj at 9.45 p.m., with his team comprising of P.W.2 and two other official witnesses namely P.W.3 and a certain Kannan.

k) P.W.2 met Pandiaraj at his quarters, and Pandiaraj had enquired if P.W.2 had brought the money and nodding affirmatively to the same, P.W.2 tendered Rs.7,000/- (Rs.1,000 x 7 notes), all smeared with phenolphthalein powder.

l) P.W.3 was a shadow witness for the occasion. Soon P.W.2 would alert P.W.18, and he would descent on the sc