JUDGMENT

This Criminal Appeal is preferred against the judgment of conviction and sentenced passed by the learned Special Judge Cum Chief Judicial Magistrate, Nagercoil, in Special Case No.3 of 2013, dated 24.08.2015. By which, the appellant was convicted and sentenced to undergo 2 years of Rigorous Imprisonment and to pay a fine of Rs.2000/-, in default, to undergo 3 months Simple Imprisonment for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988; to undergo 2 years Rigorous Imprisonment and to pay a fine of Rs.2000/-, in default, to undergo 3 months Simple Imprisonment for the offence punishable under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and to undergo 2 years Rigorous Imprisonment and to pay a fine of Rs.1000/-, in default, to undergo 1 month Simple Imprisonment for the offence under Section 420 of IPC, and directed the above sentences to run concurrently.

2 . The case of the prosecutio n:-

P.W.2 lodged a complaint with the first respondent stating that the appellant, who was working as Full Time Selection Grade Watchman in the Assistant Commissioner of Labour (Conciliation), Office, Nagercoil, demanded a sum of Rs.5,000/- for the purpose of arranging the registration of Society called 'Kumari Nila Construction and All Labour Union'. In pursuance of the complaint lodged by him, a case was registered in Crime No.4 of 2012 by the first respondent and trap was laid and this appellant accepted the bribe amount of Rs.5000/-. Based upon that, investigation was undertaken and a final report was also filed before the learned Special Judge Cum Chief Judicial Magistrate, Nagercoil, which took cognizance in Special Case. No.3 of 2013 and framed the following charges against the accused.

(ii) The first charge is that the appellant demanded a sum of Rs.5000/- as bribe amount for the purpose of arranging registration of the above said Society and accepted the same on 29.03.2012, at about 05.10 p.m. Thereby, he committed the offence punishable under Section 7 of the Prevention of Corruption Act, 1988. (iii) The second charge is that by demanding and accepting Rs.5000/- as bribe amount, he has committed criminal misconduct and thereby, he is liable to punish for the offence under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(iv) The third charge is that knowing that the form for registration of Union can be filed only before the Assistant Commissioner of Labour, Tirunelveli, he deceived the defacto complainant and demanded and accepted Rs.5000/- as bribe amount and thereby, he committed the offence punishable under Section 420 of IPC.

(v) After framing the above said charges, the appellant was questioned and he denied the charges. For proving the above said charges, the prosecution examined 10 witnesses and marked 20 documents. On the side of the accused namely, the appellant herein, one Subash was examined as D.W.1 and 1 document was marked and 5 Material Objects were exhibited by the prosecution.

3. T he case of the prosecution as narrated throug h the evidence:-

P.W.2, who is the defacto complainant is a resident of Kuzhithurai. He was a member of Labour Union called 'Tamilnadu Jeeva Construction and All Labour Union'. Later, he proposed to form a Union called 'Kumari Nila Construction and All Labour Union'. He was elected as Secretary. The Labour Union wants to register the same as Society. So, he preferred the relevant application in the format and approached the Assistant Commissioner of Labour (Conciliation) Office, Nagercoil, on 07.03.2012, at about 10.30 a.m. He advised him to remit Rs.100 through State Bank of India and he also handed over the challan by putting up the rubber stamp. He advised him to get the signature of the Assistant Commissioner of Labour namely, Thangappan. On the next day, i.e., on 08.03.2012 , at 11.30 a.m, he remitted Rs.100/- through the challan and again went to the office and met the appellant and submitted the challan. At