D.KATHIRVEL Vs. STATE
LAWS(MAD)-2020-3-131
HIGH COURT OF MADRAS
Decided on March 12,2020

D.Kathirvel Appellant
VERSUS
STATE Respondents




JUDGEMENT

- (1.)The appellants herein, who are A-1 and A-2, were charged and tried before the learned Special Judge, Special Court for Trial of Cases under the Prevention of Corruption Act , Trichy, for various offences under the Prevention of Corruption Act (in short ' P.C. Act ') in Spl. Case No.56 of 2011, and on being found guilty, they were convicted and sentenced as under:
Appellant Charges Sentence Imposed A-1 Section 7 of Convicted and Sentenced to P.C. Act undergo R.I. for one year and to pay fine of Rs.5,000/- in default to undergo S.I. for one month; Section 13(2) r/w Convicted and Sentenced to undergo 13(1)(d) of 2 years imprisonment and to pay fine P.C. Act of Rs.5,000/- in default to undergo S.I. for one month.

A-2 Section 8 of Convicted and Sentenced to P.C. Act undergo R.I. for one year and to pay fine of Rs.1,000/- in default to undergo S.I. for one month;

Section 12 of P.C. Act Convicted and Sentenced to undergo 1 year R.I. and to pay fine of Rs. 1,000/- in default to undergo S.I. for one month.

Challenging the said conviction and sentence recorded by the trial court, the appellants/A1 and A2 have preferred the present appeals. For the sake of convenience, the appellants will be referred to in the same order as they were arrayed before the trial court.

(2.)The brief facts of the case of prosecution, which are necessary for the disposal of these appeals, are culled out hereunder :-
2.1. A-1 and A-2 were working as Junior Engineer and NMR in Ariyamangalam Division, Trichy Corporation from 01.03.1991 to 23.05.2005 and 21.06.1991 to 23.05.2005 respectively. It is alleged that the de-facto complainant/P.W.2 had sought for plan approval from Trichy Local Planning Authority to construct a fertilizer godown at Tharanallur village, for which, sanction was accorded by the Commissioner of Town and Country Planning, Chennai and has forwarded the same to the Local Planning Authority, Trichy. In pursuant to the said correspondence, on 18.02.2005, at about 5:00 p.m. when the de facto complainant/P.W.2 approached A-1 and requested him to recommend his application for grant of building permission with the copy of the above said sanction, at that time, A-1 demanded a sum of Rs.10,000/- as illegal gratification for himself and a sum of Rs.10,000/- to the Assistant Commissioner/P.W.16, City Corporation, Trichy and Rs.10,000/- to the Assistant Executive Engineer/P.W.17, City Corporation, Trichy, for recommending sanction of building permission to P.W.2. Since the de facto complainant pleaded inability to comply with the said demand, A-1 refused to do accede to his request for sanctioning the planning permission.

2.2. While so, again on 21.02.2005, the de facto complainant/P.W.2 approached A-1 and requested him to recommend for sanction of building permission without seeking for money in return. However, A-1 scaled down his demand from Rs.30,000/- to Rs.10,000/- for himself, Rs.3,000/- to the Assistant Commissioner and Rs.3,000/- to the Assistant Executive Engineer as illegal gratification. At that time, A-2, who was standing along with A-1 advised P.W.2 to arrange for the bribe amount and to settle the matter amicably and further A-2 demanded a sum of Rs.1,500/- which consisted of illegal gratification in a sum of Rs.1,000/- for himself and Rs.500/- -towards office expenses, from P.W.2 for the speedy process of building permission. A-1 and A-2 in all demanded a sum of Rs.17,500/- as illegal gratification and insisted P.W.2 to hand over the same within two days.

2.3. Though P.W.2 agreed reluctantly but he was not interested to give the bribe amount to the accused persons and therefore, lodged a complaint on 23.02.2005 at about 2:45 p.m. at the Vigilance and Anti Corruption Office to P.W.18, the Inspector/the Trap Laying Officer by narrating the incident by giving a complaint, Ex.P-4. P.W.18 registered a case in Crime No.3 of 2005 under Section 7 of the PC Act against A1 and A2, and prepared the printed F.I.R, Ex.P-22. Investigation of the case was taken up by P.W.18, who organised trap for apprehending the A-1 and A-2.

2.4. After getting permission from the higher authorities on 23.02.2005, P.W.18 requisitioned the services of one Mohammad Kamal, Junior Engineer, Public works Department and one Mani from the Silk Development Department for the purpose of laying a trap for catching A-1 and A-2. P.W.18 let the independent witnesses to interact with the defacto complainant and also gave the copy of the complaint given by P.W.2 for the witnesses to read over the same. Thereafter, at about 4.15p.m. on 23.02.2005 the trap was finalised in the office of P.W.18, where the de-facto complainant, and two individual witnesses were present and after explaining the details of the trap operation to the persons gathered in the office, P.W.18 proceeded to coat the currencies brought by the de-facto complainant to the tune of Rs.17,500/- with the chemical Phenolphthalein. After coating the currencies with Phenolphthalein and experimenting on its proper functioning, P.W.18, along with the de-facto complainant, P.W.3, and other members of his team, proceeded to the office of the accused.

2.5. On entering the office and upon enquiry, the de-facto complainant was informed that A-1 and A-2 have gone to the Head office i.e., City Corporation Office, Trichy for a meeting. Hence, as per the instructions of P.W.18, P.W.s 2 and 3 proceeded to the Tiruchi Corporation Office to meet A-1 and A-2. After reaching the Zonal Office at about 7:00 p.m., they awaited for the arrival of A-1 and A-2 at the portico. At about 7:30 p.m,, A1 and A2 came out of the main office and they met the complainant who was standing along with the official witnesses and they all proceeded towards the two wheeler stand. It is the further case of the prosecution that though A1 and A2 asked P.W.s 2 and 3 to accompany them however, P.W.s 2 and 3 insisted that they would come on their own and not accompanying them and, thereafter, P.W.s 2 and 3 reached the motor cycle stand where A1 reiterated the earlier demand. The de-facto complainant took the money from his pocket, which was coated with Phenolphthalein, and handed over Rs.16,000/- to the first accused, who received the same using his right hand and kept it in his left side pant pocket. Likewise, A2 also received Rs.1,500/- as demanded by him and the same was handed over by P.W.2, which was received by A2 using his right hand and kept the same in the left side shirt pocket. Thereafter, as per the prearranged signal, the de-facto complainant, P.W.2 removed the watch from his left hand and tied it in his right hand. Immediately, on seeing the signal, P.W.18, along with the trap laying party rushed to the place where A-1 and A-2 were standing. On seeing the Trap Laying party, A-1 and A-2 tried to escape, but they were caught by the trap laying party and after ascertaining as to the happenings, P.W.18 proceeded to enquire A-1 and A-2. A-1 and A-2 were, thereafter, taken to the Information Centre inside the Corporation Office, where P.W. 18 prepared a solution of Sodium Bi-Carbonate in four bottles and dipped the hands of A-1 and A-2 in the solution, which turned pink. Thereafter, the bottles were sealed and numbered, which are M.O.s 2, 3, 5 and 6. When P.W.18 enquired the A-1 and A-2 as to whether they have received any money, A-1 and A-2 voluntarily took out the money from their pocket and handed over the money to P.W.18. P.W.18, prepared two more bottles of Sodium Bi-Carbonate solution in which the left side pant pocket of A-1 and the right side shirt pocket of A-2 were dipped and on such act, the solution turned pink. The said bottles were also sealed and numbered as M.O.s 4 and 7. The clothes worn by A-1 and A-2 were seized under seizure mahazar, Ex.P-8.

2.6. When P.W.18 enquired A-1 and A-2 about the money, the accused stated that the said money was received by them from the defacto complainant. P.W.18 asked P.W.3 to cross verify the numbers on the currency with the list already prepared and on verification, the numbers on the currency tallied with the numbers already noted by the trap laying team. The requisite mahazars were prepared in which A-1 and A-2 affixed their signatures. Thereafter, P.W.18 took the A-1 and A-2 to their residences and conducted a search. However, no material was seized from their residences. Returning back to the office of A-1, P.W.18 seized the application given by the de-facto complainant and also seized the documents relating to seeking plan approval under the cover of mahazar. The accused were arrested and remanded to judicial custody. P.W.18, recorded the statement of the witnesses.

2.7. P.W.20, the then Inspector, Vigilance and Anti-Corruption Police Station, Madurai, gave requisition, to the Court for sending the material objects for chemical examination. Accordingly, the material objects, viz., the bottles containing the solution and the seized currencies were sent for chemical analysis and the report, Ex.P-16, was received. On completion of investigation, P.W.20 filed the final report against the accused persons charging them for the offences under Sections 7 , 13(1)(d) r/w 13(2) and 12 of the Prevention of Corruption Act , 1988 [hereinafter referred to as ' PC Act '].

2.8. A1 and A2 were furnished with the relied upon documents u/s 207 Cr.P.C . and the trial court framed charges u/s 7, 13(1)(d) r/w 13(2) and 12 of the PC Act . When questioned, the accused pleaded not guilty.

(3.)To prove the case, the prosecution examined P.W.s 1 to 20, marked Exs.P-1 to P-29 and M.O.s 1 to 9. When the accused/appellants were questioned u/s 313 Cr.P.C . about the incriminating circumstances appearing against them, they denied the same as false. While no witness was examined on the side of the defence, however, Exs. D-1 to D-8 were marked. The trial court, after hearing either side and after considering the materials, both oral and documentary, available on record, convicted A1 and A2 as detailed above. Aggrieved by the said conviction and sentence recorded by the trial court, the appellants/A1 and A2 have filed the present appeals.


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