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2006 Supreme(SC) 13

S.B.SINHA, R.V.RAVEENDRAN
T. Subramanian – Appellant
Versus
State Of T. N. – Respondent


Judgment

Raveendran, J.—This appeal by the accused is against the judgment dated 8.10.1999 of the Madras High Court in C.A.No. 627 of 1992, convicting him under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, (for short ‘the Act’). By the said judgment, the High Court reversed the judgment dated 29.7.1991 passed by the Special Judge, Thanjavur District at Kumbakonam in Special Case No. 2/1988 acquitting the accused.

2. The case of the prosecution was as follows:

2.1) The appellant was working as the Executive Officer of Sri Swarnathaneswar Temple, Chithaimoor, Tamil Nadu from September, 1985.

2.2) That one Shivashanmugam (PW-1) was in occupation of six cents of temple land (situated behind his house). PW-1 approached the appellant in June, 1987 for securing a patta in his favour in respect of the said land. The appellant told him to apply to the concerned authorities, namely, the Deputy Commissioner and the Assistant Commissioner (Endowments) and that he would help him in securing the patta. On 2.7.1987, the appellant sent word to PW-1 to meet him. PW-1 along with his friend (PW-2) went and met the appellant. The appellant then demanded Rs. 450 to help
























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