CRL.A.(MD).No.201 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 15.06.2023

PRONOUNCED ON : 27.07.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.A(MD).No.201 of 2017

M.Durairaj

.. Appellant/Accused

Vs.

State represented by

The Inspector of Police,

Vigilance and Anti-corruption,

Pudukkottai,

Crime No.2 of 2013,

Pudukkottai District.

.. Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 374(2) Cr.P.C, against the

judgment passed in Spl.C.C.No.3 of 2014, dated 21.06.2017, on the file of the

Chief Judicial Magistrate, Pudukkottai, Pudukkottai District.

For Appellant

: Mr.V.Kathirvelu

Senior Counsel

for Mr.K.Prabhu

For Respondent

: Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

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CRL.A.(MD).No.201 of 2017

JUDGMENT

It would be opt to begin the judgment with the observations of the Hon'ble

Supreme Court in Niranjan Hemchandra Sashitial and another Vs. State of

Maharashtra reported in (2013)4 SCC 642:

“It can be stated without any fear of contradiction that

corruption is not to be judged by degree, for corruption

mothers disorder, destroys societal will to progress,

accelerates undeserved ambitions, kills the conscience,

jettisons the glory of the institutions, paralyses the economic

health of a country, corrodes the sense of civility and mars the

marrows of governance. It is worth noting that immoral

acquisition of wealth destroys the energy of the people

believing in honesty, and history records with agony how they

have suffered.”

2. The Criminal Appeal is directed against the judgment of conviction and

sentence passed in Spl.C.C.No.3 of 2014, dated 21.06.2017, on the file of the

Special Court for trial of cases under Prevention of Corruption Act / Chief

Judicial Magistrate, Pudukkottai.

3. The case of the prosecution as evident from the charge sheet filed by the

Inspector of Police, Vigilance and Anticorruption is that the accused was

working as Tahsildar, Ponnamaravathi Taluk, actuated by corrupt motive on

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CRL.A.(MD).No.201 of 2017

10.07.2013 at about 17.00 hours in his office, attempted to obtain gratification

other than the legal remuneration of Rs.10,000/- for himself from the

complainant Chinniah of Arasamalai, Ponnamaravathi Taluk, Pudukkottai

District as a monthly mamool (bribe) to continue his sand quarrying and earth

moving works from the Nerunjikudi river situated at Ponnamaravathi Taluk

without any interference from the revenue side, that in the course of the

continuation of transaction and in pursuance of the earlier demand reiterated his

earlier demand and obtained Rs.10,000/- as bribe from the complainant between

11.50 hours and 12.00 hours on 12.07.2013 in his office and as such, the accused

is liable to be prosecuted for the offence under Section 7 of the Prevention of

Corruption Act, that in the course of the same transaction and in pursuance of

the said demand, on 12.07.2013 between 11.50 hours and 12.00 hours and in

Taluk office of Ponnamaravathi, the accused by abusing his official position,

demanded and accepted Rs.10,000/- as bribe from the complainant for the above

said purpose as pecuniary advantage for himself and thereby he has also

committed an offence punishable under Section 7 and 13(2) r/w 13(1)(d) of the

Prevention of Corruption Act, 1988.

4. The Court of Chief Judicial Magistrate, Pudukkottai, after the receipt of

the charge sheet, has taken the case on file in Spl.C.C.No.3 of 2014 on its file

and furnished the copies of records under Section 207 Cr.P.C., to the accused on

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CRL.A.(MD).No.201 of 2017

free of costs. The learned Chief Judicial Magistrate, upon perusing the records

and on hearing both sides, being satisfied that there existed prima facie case

against the accuse