IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on :05.07.2023 Pronounced on :19.07.2023 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Appeal No.165 of 2019 A.Seetharaman(aged 65/2019)

S/o Anandan, Formerly Village Administrative Officer, Vikravandi (i/c) Koothampoondi, Villupuram District. .. Appellant/accused /versus/

State Represented by Inspector of Police, Vigilance and Anti Corruption, Villupuram, (Crime No.1/2011) .. Complainant/Respondent Prayer: Criminal Appeal has been filed under Section 374(2) of the Cr.P.C., against the judgment of conviction and sentence in Special Case No.18/2014 dated 19.03.2019 on the file of the learned Special Court for Prevention of Corruption Act Cases, Villupuram.

For Appellant :Mr.V.R.Balasubramanian For Respondent :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side)

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J U D G M E N T

Thiru.Seetharaman, the appellant herein, while working as Village Administrative Officer in Vikravandi, Koothampoondi Village, Villupuram District, was arrested by the vigilance police on 07/01/2011 for receiving Rs.1,000/- from one Rajiv Gandhi to discharge his official function namely, to recommend and forward the application of his niece Miss.Thendral to get financial aid from the Government under ‘Ramamirthammal Nianivu Thirumana Nidhi’. The trial Court convicted the appellant under Sections 7 and 13 (2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988. On being aggrieved by the conviction and sentence, the present Criminal Appeal is filed.

2. The case of the prosecution:

Miss.Thendral, the daughter of Anjalaksham marriage with Murugan was fixed to be solemnized on 24/01/2011. Miss.Thendral being eligible to get the financial aid under the scheme for the poor girls marriage expense, applied to the Government through the Village Administrative Officer. On 06/01/2011, Rajiv Gandhi, the defecto complainant met the accused and enquired about the status of Miss.Thendral application. On that day, the accused demanded Rs.1,500/- as illegal gratification to forward the application. Later, he reduced it to Rs.1,000/-.

Rajiv Gandhi was not interested to give bribe, went to the Inspector of Vigilance and Anti Corruption at Villupuram on 07/01/2011 and gave a written complaint. The Inspector of Police received the complaint at about 10:00 a.m. and registered it in Crime No.01 of 2011 and took up the investigation.

3. Assistance of two official witnesses by name, Deivanayagam and Jayabalan was obtained and pre-trap proceedings was conducted by the Inspector of Police in the presence of witnesses, after explaining to the witnesses the significance of the phenolphthalein – sodium carbonate test. Two 500 rupees notes were smeared with phenolphthalein and entrusted to the defacto complainant Rajiv Gandhi with a specific instruction to give that money, only if the accused demands for it. Narrating the demonstration of phenolphthalein- sodium carbonate test, and the entrustment of the two marked currencies a mahazar was prepared. Thereafter, the trap team proceeded to the Village Administrative Office at Vikravanandi and reached the Village Administrative Office at 13.50 hours. The defacto complainant Rajiv Gandhi and the shadow witness Deivanayagam went inside the Village Administrative Office and met the accused at about 2.00 p.m. The other members of the trap team took position outside the VAO office and were awaiting for the signal from the defecto complainant.

4. The accused was busy engaged in distributing free TV tokens for the public. The accused asked the defacto complainant to come at 5:00 o'clock and meet him. Therefore, the defect of complainant and the shadow witness Deivanayagam came out and at 5:00 pm they both again went to the VAO office . On seeing the defacto complainant, the accused enquired whether the defecto complainant has brought the bribe money. The defecto complainant took out the marked currency smeared with phenolphthalein and gave it to the accused.

5. The accused received the money in hi