JUDGMENT

The appeal has been preferred by the State against the judgment of acquittal that has been passed by the learned Special Court for Trial Cases under Prevention of Corruption Act, Sivagangai, in Special C.C.No.3 of 2014, dated 05.08.2015.

2.The case of the prosecution:-

P.W.2 lodged a complaint with the Inspector of Police, Vigilance and Anti Corruption, Sivagangai, stating that the respondent had demanded a sum of Rs.350/- for the purpose of issuance of a Community Certificate. On the basis of the complaint given by the defacto complainant, a trap was laid while the respondent accepted the bribe amount of Rs.350/-. Further proceedings were undertaken and the respondent was arrested; After completing the investigation, final report was filed before the Special Court for Trial Cases under the Prevention of Corruption Act, Sivagangai, stating that the respondent herein has committed the offence punishable under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, and the same was taken on file in Spl.C.No.3 of 2014 and framed the following charges as against the accused.

3.Charges against the respondent:-

(i) The first charge against the accused person, respondent herein is that she demanded a sum of Rs.350/- as bribe amount for the purpose of issuance of a Community Certificate, on 03.11.2000, thereby, she has committed the offence punishable under Section 7 of the Prevention of Corruption Act, 1988.

(ii) The second charge is that by demanding and accepting Rs.350/- as bribe amount, she has committed criminal misconduct and thereby, she is liable to punish for the offence under Section 13(2) r/w 13(1)

(d) of Prevention of Corruption Act, 1988.

4.After framing the above said charges, the respondent was questioned and she denied the charges. For proving the above said charges, the prosecution has examined 23 witnesses and marked 41 documents. On the side of the accused, no witness was examined and no document was marked and 3 Material Objects were exhibited by the prosecution.

5.The case of the prosecution in brief as narrated through examination of witnesses:-

P.W.2, Michael Basco is a resident of Kalluppatti, Karaikudi Taluk, Sivagangai District. He applied for the Central Reserve Police Force. For that purpose, he was required to submit his Community Certificate. An application seeking for Community Certificate was submitted by him before the Tahsildar, Karaikudi Taluk, Sivagangai District, on 21.03.2000. There was a delay in issuance of certificate. So, again on 01.11.2000, he submitted another application before the Deputy Tahsildar by enclosing the certificate issued by the Village Administrative Officer and the Revenue Inspector along with the relevant documents. That application was received by the Deputy Tahsildar who in turn, had handed over the same to one lady Clerk. On 02.11.2000, again, he approached the above said lady Clerk. At that time, she demanded a sum of Rs.350/- as bribe amount. Earlier occasion, when he approached the above said lady clerk, she demanded Rs.350/-. P.W.2 stated that he can only pay a sum of Rs.100/-. That was not accepted by the lady Clerk and at that time, some people in the office called the above said lady Clerk by her name as Sasikala. Later, he came to know that her name is Selvakumari. He was not willing to give bribe to the respondent. So, he consulted the issue with his friend namely, Kumar. Thereafter, they approached the Inspector of Police, namely, Mrs.Fathima Rohini, Vigilance and Anti- corruption Department, Sivagangai, with a complaint. She registered a case in Crime No.6 of 2000, which was marked as Ex.P.3 and further, trap process have been undertaken.

6.P.W.12 Mrs.Fathima Rohini, who was working as Inspector of Police, Vigilance and Anticorruption Department, Sivagangai, during the relevant point of time took the further process. She requested two official witnesses to assist the team for laying the trap. Upon which, two official witnesses namely, Ravichandr