IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.06.2025 CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.A.No.791 of 2017 P.Thangavel ...Appellant Vs.

State represented by its, Deputy Superintendent of Police, Vigilance and Anti Corruption, Erode. (Cr.No. 3/AC/2004/ER) ...Respondent PRAYER: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the judgment and sentence and conviction imposed upon the appellant herein by the learned Chief Judicial Magistrate/Special Judge, Erode, in Spl.C.C.No. 9 of 2015 dated 16.12.2017 and acquit the appellant herein.

For Appellant : Mr.R.Karthikeyan For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

This appeal is directed against the judgment dated 16.12.2017 in Spl.C.C. No. 9 of 2015 on the record of the Chief Judicial Magistrate/Special Judge, Erode, for trial of cases under the Prevention of Corruption Act, 1988.

2. By the said judgement, the Trial Court found the appellant guilty of an offence under Section 7 of the Prevention of Corruption Act, 1988, and imposed a punishment of 3 years of rigorous imprisonment and a fine of Rs. 5000/-. The appellant was also convicted of an offense under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to 5 years of rigorous imprisonment and a fine of Rs. 5000/-.

Aggrieved by this, the present appeal is filed before this Court.

3. On 30.01.2004, when P.W.15 Raja was on duty at the Vigilance and Anti-Corruption Detachment Police Station in Erode, he registered a case after receiving a complaint from Tr.G.K. Pushparaj under Section 7 of the Prevention of Corruption Act. The complaint alleged that he worked as a consultant for various voluntary organizations, including Meglen Home for the Aged. Meanwhile, the appellant, P. Thangavelu, who was the Sub-Registrar in charge of Registration of Societies and Chits at Gobichettipalayam, was required to inspect the records maintained by the home and accept the returns. On 13.01.2004, while pointing out certain defects in the records, he allegedly demanded an illegal gratification of Rs.500/-. Finding the information credible, a case was registered, and a trap was laid. After verifying the allegations, the complainant was instructed to come with the sum of Rs.500/- in cash. On 30.01.2004, a mahazar for handing over the money was prepared, and following the procedures, the Rs.500/- notes smeared with phenolphthalein powder were handed over to the complainant. The trap was executed on the same day. At about 3:20 PM, the decoy witness signalled. Subsequently, the trap laying officer entered the appellant’s office. It was stated that the accused received the bribe of Rs.500/- from the decoy witness and kept it in a black rexine bag placed on a small bench near his chair.

4. The trap-laying officer then entered the office and, upon examining the appellant/accused, confirmed that he was acting as the Sub-Registrar responsible for registering Chits and Societies. When both his hands were dipped in sodium carbonate solution, they turned pink, indicating contact with phenolphthalein powder. He admitted receiving the bribe money and handed over the sum of Rs. 500/- (tainted notes). After checking the serial numbers, the notes were recovered. At that time, the appellant/accused also handed over another sum of Rs. 500/-, the notes in a folded condition. No explanation was provided for this additional sum of Rs. 500/-. Upon further check, Rs. 185/- was found from his shirt pocket and Rs. 7,730/- was found in a cover on his desk. He admitted Rs. 185/- as his personal money and Rs. 7,730/- as his salary amount.

5. After completing the formalities, the accused was arrested, and further investigation was conducted by the investigating Officer P.W.16, who completed the investigation and submitted a final report on 30.04.2005. Upon issuance of summons, the Trial Court, on 16.06.2005, framed two charges against the appellant/accu