J U D G M E N T

This appeal is preferred against the judgment of conviction and sentence passed in C.C.No.22 of 2009 by the XIV Additional Court for CBI Cases, City Civil Court, Chennai.

2.The respondent laid a final report against the appellant alleging that the appellant was working as Superintendent of Posts, Nagapattinam. On 09.03.2009, he demanded from complainant Smt.R.Bharathi and her husband Padma Suresh, an illegal gratification of Rs.5,000/- for him as a motive for processing the transfer application of Smt.Bharathi dated 06.09.2008 and 10.10.2008. During the course of the same transaction, on 11.03.2009 at about 18.10 hours, appellant demanded and accepted from Padma Suresh by abusing his official position, a sum of Rs.5,000/- for the purpose of processing and forwarding the transfer application of Smt.Barathi, to the Post master General, Trichy. Thus, the appellant committed the offences under Sections 7, 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988.

3.On the basis of this final report, the trial Court framed charges under Sections 7 and 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988. The appellant /accused denied the charges and demanded trial. 4.In order to prove the case of the prosecution, P.W.1 to P.W.8 were examined, Ex.P1 to Ex.P24 and MO.1 to MO.4 were produced. On the side of the defence, appellant has not examined any witness but produced Exs.D1 and D2.

4.The case putforth by the respondent through the evidence of prosecution witnesses, in brief, is, as follows:

4(i) P.W.1's wife Bharathi was working as Branch Post Master at Nadapur post office from 2005. P.W.1's wife applied for transfer, to the post office at Budamangalam Branch in September, October and December 2008, for the reason that she found it difficult to travel 40 kms everyday. On 09.03.2009, P.W.1 met the appellant at his office at about 4.00 pm and enquired about the status of the transfer application given by his wife. Appellant demanded bribe of Rs.5,000/- to recommend and forward the transfer application. P.W.1 discussed this demand with his wife and she was not willing to give bribe. After discussion, P.W.1 contacted the Superintendent, Central Bearu of Investigation through phone and complained about the demand. SP informed him that he would send a team under Inspector Kumaresan and asked him to give a complaint to him on 11.03.2009. Accordingly, P.W.1 met P.W.6 the Inspector at V.P.N., Lodge and gave Ex.P3 complaint. After sometime, Inspector introduced two persons namely Ramachandran and Ganapathi Subramaniam. PW6 demonstrated Sodium Carbonate and Phenolphthalein test and explained its significance. Prepared Entrustment Mahazar. At about 16.15 hours P.W.1 and Police officials along with independent witnesses proceeded to appellant's office. At about 6.30 to 6.45 pm. P.W.1 and P.W.2 Ramachandran met the appellant. Appellant asked about his wife and the person accompanying him. He told him that witness PW2 Ramachandran is his uncle. Appellant told him that the transfer will be effected within three or four months and asked them to wait outside. After few minutes, appellant asked P.W.1 to meet him and then he asked whether he brought the money by gesture. P.W.1 replied that he brought the money and then appellant demanded the money by gesture. P.W.1 took the money from his pocket and handed over to the appellant. Appellant received the money with his right hand and kept it under the diary that was lying on the table. Then, P.W.1 left the office and signaled to PW6 with prearranged signal. PW6 approached him immediately and he recounted to PW6 about what had happened inside the office and then identified the appellant to him. P.W.6, the Inspector introduced himself and other team member to the appellant and ascertained his identity. He directed Balachandran to prepare Sodium Carbonate solution and asked the appellant to dip his right hand fingers in the solution. Similar exercise was done for the left hand fingers. Ap