Crl.A(MD)No.178 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reservation

15.11.2021

Date of Judgment

11.02.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN

Crl.A(MD)No.178 of 2016

State of Tamil Nadu rep. by

The Public Prosecutor,

High Court,

Madras-600 104.

(V & AC Theni, Crime No.1/2008)

: Appellant/Complainant

Vs.

S.Balasubramani : Respondent/Accused

Prayer: Criminal Appeal is filed under 378 of the Criminal

Procedure Code to set aside the judgment of acquittal of the

respondent/accused passed by the Special Court for Trial of

Prevention of Corruption Act (Chief Judicial Magistrate Court),

Theni) in Spl. Case No.2 of 2014, dated 28/01/2016, convict and

sentence the respondent/accused of the charges framed against him.

For Appellant : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor

For Respondent : Mr.Ramakrishnan

for Mr.R.Diwakaran

J U D G M E N T

This Criminal Appeal is preferred against the order of

acquittal passed by the Special Court for Trial of Prevention of

Corruption Act (Chief Judicial Magistrate Court), Theni), in Spl.

Case No.2 of 2014, dated 28/01/2016.

2.The case of the prosecution in brief:-

The respondent, who is the accused was working as C1 Assistant

in the Municipal Corporation Office, Bodinaickanur. He demanded

Rs.5,000/- from the de-facto complainant as bribe for the purpose of

preparing the bill for payment to the mother of the de-facto

complainant T.N.Palaniammal. The above said Palaniammal was working

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Crl.A(MD)No.178 of 2016

as a Sweeper in the Bodinaickanur Municipality. A specific demand

was made from 3/3/2008 to 08/03/2008 and in pursuance of the above

said demand, the de-facto complainant lodged a complaint, which

upon, trap was also laid and the respondent was arrested red handed

on 12/03/2008. He admitted the demand and acceptance of bribe

amount of Rs.5,000/- from the de-facto complainant. As per the trap

that was laid by the police, he was remanded to custody. Pursuant

to the same, charge sheet has been filed before the trial court and

it was taken on file in Special Case No.2 of 2014 on the file of the

Special Judge-cum-Chief Judicial Magistrate, Theni.

3.The facts narrated from the evidence of the prosecution

witnesses can be briefly summarized as follows:-

PW2 is an auto driver by profession and residing in

Bodinaickanur. His father by name Nagendran was working as a

Sweeper in the above said Bodinaickanur Municipality. He died in

1988. Subsequent to the above said incident, his mother by name

Palaniammal was appointed on compassionate ground. Later after

retirement, she was receiving pension. During the life time, she was

entitled to get arrears amount of pension. So in respect of the

above said arrears amount, he along with her mother contacted the

accused person. He directed him to get the bill prepared by one

Dwara Krishnan. So on 07/01/2008, he contacted the above said Dwara

Krishnan for the purpose of making the calculation. As per the

calculation made by the above said Dwara Krishnan, totally,

Rs.49,000/- was to be paid as arrears. He also prepared the bill

for the above said arrears amount and handed over to him. One bill

was sent to the Internal Audit Department and another bill was

handed over to the accused. The accused asked him to come after a

week. After 10 days, he contacted, he again asked him to come after

20 days. Upon the instructions given by the Commissioner of

Municipal Corporation, again they contacted the accused and he

demanded Rs.5,000/-, on 03/03/2008. So he visited the office on

07/03/2008 on that date, the accused was not available in the