J U D G M E N T

The Inspector of Police, Vigilance and Anti Corruption, Puducherry, registered a case in Crime No.3 of 1998 against Thiru.S.Balasundaram, the then Sub-Registrar of Karaikal Sub-Registry, Thiru.K.L.Kesavelu, Thiru.S.Iqbal, Document Writers of Karaikal and Thiru.Y.M.Omar Farook, Land Promoter of Karaikal, based on the complaint given by Thiru.V.Veeraraghavan, District Registrar, Registration Department, Pondicherry, the case was taken up for investigation.

2. The complaint revealed that, the accused S.Balasundaram, had registered 109 documents of sale/gift without taking into consideration the correct and true market value in accordance with the Guide Line Register issued by the Government of Puducherry and obtaining illegal gratification. He had handed over the documents, so registered with lesser stamp duty, to the parties to the documents without any adjudication by referring it to the Deputy Collector (Revenue), Karaikal, to find out the correctness of the stamp duties paid by the parties and thereby, caused registration with lesser stamp value for gratification and thereby, caused loss of revenue to the Government. By showing favour to the parties to the documents and the Document Writers, in the discharge of his official functions, he had committed offence of misconduct by public servant. Also committed criminal breach of trust to the Government.

3. On completion of investigation, final report was filed against Thiru.S.Balasundaram for offence under Section 409 and 13(1)(a) r/w 7 of Prevention of Corruption Act 1988.

4. The substance of the charge is as below:-

The accused S.Balasundaram, the then Sub-

Registrar of Karaikal Sub-Registry was entrusted with the dominion of the Sub Registry, Karaikal for the period from

14-9-1994 to 20-8-1997.

During the period of his tenure as Sub Registrar, the accused used to take bribe by abusing his position as Sub Registrar from the document writers and the land promoters in particular and the parties to the documents in general to show some favour to them in the discharge of his official functions resulting in wrongful loss to the government.

During the financial year 1995-1996 at the Sub Registrar Office, Karaikal, the accused S. Balasundaram had registered 45 documents i.e., 532/95, 533/95, 647/95, 673/95, 691/95, 694/95, 695/95, 696/95, 698/95, 699/95, 700/95, 702/95, 703/95, 742/95, 752/95, 799/95, 807/95, 832/95, 835/95, 836/95, 837/95, 842/95, 846/95, 868/95, 876/95, 877/95, 878/95, 879/95, 880/95, 881/95, 882/95, 895/95, 908/95, 934/95, 935/95, 936/95, 937/95, 993/95, 1291/95, 1629/95, 1727/95, 3/96, 406/96, 407/96 and 560/96 of sale/gift without taking into consideration the correct and true market value in accordance with the Guide Line Register issued by the government and had handed over the documents, thus registered under a lesser stamp duty, to the parties to the document without any adjudication to the Deputy Collector (Revenue), Karaikal to find out the correctness of the stamp duties paid by the parties and thereby caused registration under lesser stamp value for gratification and thereby caused loss of Rs.58,384/- towards stamp duty and Rs.3,355/- towards registration fees to the government by showing favour to the parties to the documents and the document writers in the discharge of his official function and thereby committed criminal breach of trust to the Government and criminal misconduct to meet his personal end which are punishable u/s 409 IPC and 13 (1) (a) r/w 7 of Prevention of Corruption Act 1988.

5. The trial Court framed charges under Section 409 of I.P.C and

13(1)(a) r/w Section 7 of Prevention of Corruption Act, 1988.

6. To prove the charges, the prosecution examined 10 witnesses (P.W.1 to P.W.10) and marked 74 Exhibits (Ex.P.1 to Ex.P.74). On the side of the defence, one witness (D.W.1) was examined and one exhibit (Ex.D.1) was marked.

7. The trial Court, on appreciation of evidence held that the accused had caused loss of revenue to the Government