BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.07.2023 CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.A(MD)Nos.126 and 132 of 2017 V.Thambi Durai .. Appellant/Accused No.1 in Crl.A(MD)No.126 of 2017 M.Sakthivel .. Appellant/Accused No.2 in Crl.A(MD)No.132 of 2017 Vs.

The State rep by, The Inspector of Police, Vigilance and Anti-Corruption Detachment, Tirunelveli, (Crime No.4 of 2009) .. Respondent/Complainant (in both appeals)

COMMON PRAYER: Criminal Appeals filed under Section 374 of the Criminal Procedure Code, to set aside the conviction and sentence passed in Spl.C.No.47 of 2014 dated 11.04.2017 by the Special Court for Trial of Cases under Prevention of Corruption Act, Tirunelveli.

For Appellants : Mr.N.R.Ilango Senior Counsel for M/s.A.S.Aswin Prasanna in Crl.A(MD)No.126 of 2017 : Mr.N.R.Ilango Senior Counsel for M/s.T.Balakrishnan in Crl.A(MD)No.132 of 2017 For Respondent : Mr. T.Senthil Kumar Additional Public Prosecutor (in both appeals)

COMMON JUDGMENT

These appeals have been filed to set aside the conviction and sentence passed in Spl.C.No.47 of 2014 dated 11.04.2017 by the Special Court for Trial of Cases under Prevention of Corruption Act, Tirunelveli.

2. Since the appellants in both appeals are arrayed as accused No.1 and 2 in the same crime number, these two appeals are taken up together for hearing and disposed by way of this common judgment.

3. The Brief Facts necessary for the disposal of this appeal, are as follows:

3.1. According to the prosecution, P.W.3 is the owner of the land comprised in S.No.1057 to the extent of 2 acres 47 cents at Ilanchi Village, Tenkasi Taluk, Tirunelveli District. At the time of occurrence, A1 was the Firka Surveyor of the Taluk and A2 was the Village Administrative Officer of the Ilanchi Village. According to P.W.3, he purchased a land in S.No.1057 to an extent of 2.47 acres and he gave an application to the Revenue Department, Tenkasi, to measure the land. On 04.05.2009, P.W.3 approached A1. At that time, A1 demanded a sum of Rs.5,000/ - as bribe. On 05.05.2009 also, he reiterated the same. Hence, P.W.3 made a complaint before the respondent namely, the Vigilance and Anti Corruption Detachment, Tirunelveli. Upon receipt of the complaint, P.W.19 (Trap Laying Officer) registered a case in Crime No.4 of 2009 under Section 7 of the Prevention of Corruption Act. Then, he called two official witnesses namely, P.Radhakrishnan, Superintendent (P.W.4) from the department of Assistant Commissioner of Labour, Tirunelveli and Mr.S.S.Arumugam, from the department of HR and CE (not examined). After formalities, P.W.19 demonstrated the phenolphthalein test to P.W.3 in the presence of the official witness namely, P.W.4 and the other official witness. P.W. 19 asked the constable to smear the phenolphthalein powder on the currency notes brought by P.W.3 and noted the serial numbers in the mahazar and put the same in the pocket of P.W.3 and instructed to give it to the accused no.1 only on his demand. Thereafter, he prepared entrustment mahazar under Ex.P.8. P.W.19 specifically instructed P.W.3 and P.W.4, to meet the accused as the accused No.1 demanded the bribe amount, P.W.3 was directed to give bribe amount and asked to give signal.

3.2. Subsequently, P.W.3 and P.W.4 went to the land comprised in S.No.

1057 at Ilanchi Village, Tenkasi District. After their arrival, A1 and A2 reached the occurrence place in a two wheeler. Thereafter, P.W.3 asked to measure the property. Immediately, A1 demanded the amount. Therefore, P.W.3 handed over Rs.5,000/- to A1. A1 asked to give Rs.3,000/- to him and directed to give Rs. 2,000/- to A2. Thereafter, P.W.3 gave the signal to the Trap Laying Officer namely, P.W.19. P.W.19 and his team reached the land of P.W.3. P.W.3 introduced the appellants and informed the fact that both received the bribe amount in their right hands and put the same in their shirt pockets and he was asked to leave from that place. After that, P.W.19 and his team conducted phe