JUDGMENT

ARIJIT PASAYAT, J. — The State of Tamil Nadu is in appeal questioning correctness of the decision rendered by a learned Single Judge of the Madras High Court holding that the trial Court was not justified in convicting the respondent in terms of Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short ‘the Act’).

2. A brief reference to the factual aspects would suffice :

3. The respondent was convicted for offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. He was sentenced to undergo RI for six months and to pay a fine of Rs.500/- with default stipulation for the earlier offence and RI for one year and to pay a fine of Rs.1,000/- with default stipulation for the latter offence. The conviction was recorded and sentence imposed by learned Chief Judicial Magistrate and Special Judge, Pudukottai. The said judgment in Special Case No.4 of 1991 was challenged before the Madras High Court which by the judgment dated 28.3.2002 in Criminal Appeal No.659 of 1994 held that the conviction under Section 13(2) read with Section 13(1)(d) of the Act was not maintainable and was accordingly set aside. However, t