Crl.A.Nos. 273 & 277 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2023

CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

Crl.A.Nos.273 & 277 of 2015

and

M.P.No.1 of 2015

Crl.A.No.273 of 2015

N.Seshachalam,

S/o. Numperumal

....

Appellant/Accused No.1

Vs

State Rep. by

The Inspector of Police,

Vigilance and Anti Corruption Unit,

Muthialpet,

Pondicherry.

Cr.No.1 of 2009

....

Respondent/Complainant

Crl.A.No.277 of 2015

Janarthanan,

S/o.Munnusamy

....

Appellant/Accused No.2

Vs

State Rep. by

The Inspector of Police,

Vigilance and Anti Corruption Unit,

Pondicherry.

Through Special Public Prosecutor

....

Respondent/Complainant

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Crl.A.Nos. 273 & 277 of 2015

COMMON PRAYER : Criminal Appeals have been filed under section

374 of Criminal Procedure Code to set aside the Judgment dated

22.04.2015 passed by the Special Judge (under Prevention of Corruption

Act) Principal Sessions Judge at Puducherry, passed in Special

C.C.No.16 of 2010.

In Crl.A.No.273 of 2015

For Appellant

:

Mr.V.Gopinath

Senior Counsel

for Mr.Swami Subramanian

For Respondent

:

Mr.K.S.Mohandoss

Public Prosecutor (Pondicherry)

In Crl.A.No.277 of 2015

For Appellant

:

Mr.C.Arun Kumar

For Respondent

:

Mr.K.S.Mohandoss

Public Prosecutor (Pondicherry)

COMMON JUDGMENT

These appeals are filed challenging the order of the Special Judge

for Prevention of Corruption Act, Pondicherry, convicting the Village

Administrative Officer and his Assistant for receiving Rs.400/- as bribe

to forward the application given by one Sivaguru seeking financial

assistance under Rajiv Gandhi Social Security Scheme for poor.

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Crl.A.Nos. 273 & 277 of 2015

2. The said Scheme is meant for widower of the economically

weaker section over the death of wife. According to the defacto

complainant, (Sivaguru), he lost his wife on 11.01.2009. So, he made an

application on 03.03.2009 under the said Scheme. When he met the

Village Administrative Officer, Seshachalam(A1), on 09.03.2003, A1

demanded Rs.500/- to forward the application to the Thasildar for

processing. When the complainant expressed his inability to pay

Rs.500/-, the said Seshachalam has retorted saying for getting

Rs.25,000/-, why he hesitate to pay Rs.500/- as bribe. Then Sivaguru

gave Rs.100/- to A1 and promised to come back. Not interested to give

bribe and get the benefit of the Scheme he has approached the Vigilance

and Anti Corruption Police Unit, Pondicherry and lodged a complaint

reporting about the demand of illegal gratification by A1-the Village

Administrative Office.

3. The complaint was taken for investigation and the Inspector of

Police prepared proceedings for the trap. He arranged two official

witnesses viz., Suriya Prakash Rao and A.V.V.S.Sasthri. On 20.03.2004

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Crl.A.Nos. 273 & 277 of 2015

in the presence of the two official witnesses pre-trap procedure

demonstrating the significance of phenolphthalein-sodium carbonate test

in the presence of the witnesses was conducted by the trap laying officer

and the same was recorded. The bribe money of Rs.400/- (4 nos. x 100

rupees) was smeared with phenolphthalein powder and kept in the pocket

of the defacto complainant with an instruction that he should not touch

the currency note except while handing over the amount to Village

Administrative Officer Seshachalam, if he demands the bribe. The trap

team thereafter went to the office of the Village Administrative Officer.

The defacto complainant Sivaguru entered the room of the Village

Administrative Officer, gave the tainted money to Village Administrative

Officer on his demand and thereafter, he came out from the room and

gave the pre-arrange signal by wiping his face with the hand kerchief.

4. On receiving the signal, the trap team entered in