Prosecution failed to prove demand and acceptance of bribes, resulting in the acquittal of the appellant under the Prevention of Corruption Act.

JUDGMENT

The appellant was convicted by judgment dated 29.11.2018 in Special C.C.No.21 of 2014 by the learned Chief Judicial Magistrate, Tiruppur (Special Court for trial of cases under Prevention of Corruption Act, 1988 ) and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months Simple Imprisonment for offence under Section 7 of and he was convicted and sentenced to undergo five years Rigorous Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months Simple Imprisonment for offence under Section 13 (2) r/w 13(1)(d) of . Challenging the same, present criminal appeal is filed.

2.Case of the prosecution is that the defacto complainant/PW2, a Realtor, purchased 2 ¼ cent vacant land in his name and in the name of his wife from one Aslamkhan of Uthukuli on 29.05.2012 for a sum of Rs.30,32,300/-. PW2 decided to build 5 houses in the said vacant land and he applied for plan approval to Tiruppur Corporation with relevant documents, building plan xerox copy of ownership and demand draft receipt for Rs.3,605/- and met the appellant, Building Inspector/Assistant Engineer on10.07.2012 and submitted the application. The appellant perused the application, acknowledged the receipt of application and demand draft with instruction to meet him for plan approval on 13.08.2012. Accordingly, on 13.08.2012, at 11.30 hours, PW2 met the appellant in his office, enquired about his plan approval, at that time, it was informed that the plan approval was not ready and the appellant demanded a sum of Rs.10,000/- as illegal gratification other than legal remuneration for approval of building plan to construct residential building. When PW2 expressed his inability to pay such huge amount as bribe and requested for reduction, the appellant refused to reduce the demand. In the meanwhile, PW2's daughter marriage was held on 29.08.2012 and he was busy with the marriage, after the marriage, PW2 met the appellant on 30.08.2012 at about 16.00 hours and requested for some reduction. But the appellant reiterated his earlier demand and instructed PW2 to come with the bribe amount of Rs.10,000/- on 31.08.2012.

3.PW2 willing to pay the bribe, on 31.08.2012 lodged a complaint (Ex.P4) to PW12/Trap Laying Officer, who received the complaint (Ex.P4), registered FIR (Ex.P16) in Crime No.7/2012/AC/CB for offence under Section 7 of Prevention of Corruption Act, 1988 at about 07.45 hours. Thereafter, PW12/TLO called PW3, Mr.Manikandan from Agriculture Department and another witness Mr.K.Gurusamy, Village Administrative Officer of Puliakulam, Coimbatore District to be the witnesses for trap. At about 09.00 hours, both official witnesses reached the office and PW12/TLO introduced them to PW2 and details of complaint (Ex.P4) explained and verified. At about 09.15 hours, entrustment proceedings initiated and demonstrated to PW2 and both official witnesses, thereafter, the trap amount of Rs.10,000/- smeared with phenolphthalein powder, kept in PW2's pocket and informed that only if the appellant demanded for bribe amount, the same to be handed over and PW2 to give pre-arranged signal. Both PW2 and accompanying witness/PW3 were dropped near the appellant's office at Nallur Zonal Office