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S.Ravisankar vs The Inspector Of Police
2025 Latest Caselaw 252 Mad

Citation : 2025 Latest Caselaw 252 Mad
Judgement Date : 15 May, 2025

Madras High Court

S.Ravisankar vs The Inspector Of Police on 15 May, 2025

                                                                                          CRL.A(MD).No.391 of 2018


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            Reserved On           : 12.12.2024
                                          Pronounced On : 15.05.2025

                                                          CORAM

                           THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                             Crl.A(MD)No.391 of 2018


                     S.Ravisankar                                                      .. Appellant
                                                            Vs.
                     The Inspector of Police,
                     Vigilance and Anticorruption,
                     Madurai.
                     (Crime No.8 of 2012)                                          .. Respondent

                     Prayer: This Criminal Appeal has been filed under Section 27 of P.C.Act

                     r/w Section 374(2) of Cr.P.C. to set aside the conviction and sentence

                     passed against the appellant by the learned Special Judge for Prevention

                     of Corruption Act Cases, Madurai, in Special Case No.14 of 2014, dated

                     04.08.2018.

                                   For Appellant        : Mr.A.Robinson for M.Saravanan

                                   For Respondent       : Mr.R.Meenakshi Sundaram
                                                          Additional Public Prosecutor



                     1/25




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                                                                                            CRL.A(MD).No.391 of 2018


                                                           JUDGMENT

The Appellant who was the sole accused in Special Case No.14 of

2014 on the file of Special Court constituted under the Prevention of

Corruption Act cases, Madurai, has filed this appeal challenging the

conviction and sentence imposed against him in Spl.C.No.14 of 2014, by

judgment dated 04.08.2018, by the learned Special Judge for Prevention

of Corruption Act Cases, Madurai.

2.The Appellant was the Block Health Supervisor and he is said to

have demanded Rs.1,000/- as a bribe to issue the Sanitary Certificate by

the Deputy Director of Health Service to P.W.2. On the basis of P.W.2's

complaint, the FIR was registered and the Trap was organised on

12.10.2012 and the appellant reiterated the demand in the presence of the

official witness/P.W.3 and received the same and handed over the

“Sanitary Certificate” and he was entrapped by the Trap Laying Officer

and the investigation was conducted by the Investigating Officer and

final report was filed before the Learned Special Judge and trial was

conducted and the same ended in conviction. Challenging the same, the

Appellant filed this appeal questioning the conviction and sentence

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imposed on him under Section 7 and 13(1)(d) r/w 13(2) of the Prevention

of Corruption Act, 1988.

3.The Brief facts of the case:-

P.W.2 was running a Special School in Koodal Nagar, Madurai, in

a Rental Building. Subsequently, he constructed his own building in the

Sikkandar Savadi and he made an application for issuance of the Sanitary

Certificate. For the said purpose, the accused officer demanded Rs.1,500/

and subsequently reduced to Rs.1200/- and finally came down to Rs.

1000/-. Thereafter, P.W.2 called the accused officer on 12.10.2012 and

the accused officer reiterated the said demand and hence, he made the

complaint before the respondent police and the Trap Laying Officer/P.W.

12 received the complaint and verified the same and thereafter, he

registered the case and called the official witness/P.W.3 and another

witness and also received the amount from P.W.2 and demonstrated the

phenolphthalein test. Thereafter, he instructed to hand over the money, if

the accused demanded the bribe. P.W.3 was instructed to watch the

proceedings taking place between P.W.2 and the appellant. Then the

Entrustment mahazar was prepared and the signature of the official

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witness and the other witnesses were obtained and thereafter, the accused

officer is said to have asked P.W.2 to come near Fatima College,

Madurai. At that time, the accused officer met P.W.2 and reiterated the

demand and received the amount. Thereafter, he handed over the

certificate to him. Thereafter, P.W.2 gave the signal to P.W.12 and the

team visited the occurrence place and conducted the phenolphthalein test

and the hand wash was positive and in order to conduct further search in

the pant packet, due to the inconvenience in the public place, he was

taken to a nearby lodge situated in that area. In the lodge, the pant was

received and the phenolphthalein test was conducted in the pant packet

which wash also was positive. Thereafter, the Trap laying Officer

concluded proceedings of recovery of the amount and also verified with

the number mentioned in the Entrustment Magazar and thereafter,

accused was arrested and produced before the Trial Court. Thereafter,

P.W.12 handed over the investigation to P.W.13 and P.W.13 conducted the

investigation. Thereafter, P.W.14 completed the investigation and filed

the final report against the appellant under Section 7 r/w 13(1)(d) of the

Prevention of Corruption Act, 1988.

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4.The learned trial Judge issued summons to the accused and after

his appearance, served the copies under Section 207 Cr.P.C.. Thereafter,

the case was taken on file in S.C.No.14 of 2014. Thereafter, he framed

necessary charges and questioned the accused. The accused pleaded not

guilty and they stood trial.

5.To prove the charges against the accused, the prosecution

examined P.W.1 to P.W.14 and marked Ex.P1 to Ex.P.19 and marked

M.O.1 to M.O.5. The learned trial judge thereafter, questioned the

accused under Section 313 Cr.P.C., proceedings by putting the

incriminating materials available from the evidence of prosecution

witnesses and documents against him and he denied the same as false and

thereafter, the case was posted for examination of the witnesses on the

side of the accused. On the side of the defence, the accused filed a

detailed written explanation and in the written explanation, he stated that

they forcibly thrust the amount and he was harassed by taking to the

lodge and they beat him and fabricated all materials. On his side, neither

documentary evidence was produced nor witnesses were examined.

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6.The learned Special Judge after considering the entire evidence

adduced by the prosecution and the explanation given by the accused,

convicted the appellant for the offence under Sections 7 and 13(1)(d) r/w

13(2) of the Prevention of Corruption Act, 1988 and sentenced the

accused as follows:

                             Accused       Conviction                          Punishment
                                              for the
                                          offence under
                                             Section
                            Sole          7          of 2 years simple imprisonment and a fine of
                            Accused       Prevention of Rs.1,000/-, in default, to undergo three
                                          Corruption    months simple imprisonment
                                          Act, 1988

13(1)(d) r/w 2 years simple imprisonment and a fine of 13(2) of PC Rs.1,000/-, in default, to undergo three Act months simple imprisonment Run concurrently

Aggrieved over the same, the appellant filed the present Criminal

Appeal before this Court.

7.The learned counsel appearing for the appellant submitted that

the appellant already recommended the application before the date of

demand. The document relied by the prosecution itself corroborated the

version of the appellant that he had already recommended and also had

despatched the certificate to P.W.2. According to the learned counsel, he

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is only a recommending authority and he already made the

recommendation and on the basis of the recommendation, the Deputy

Director also signed the said documents and the document was

despatched to the appellant under Ex.P10, much earlier to the date of the

trap. Hence, there is no official relationship between them and hence, the

alleged case of demand and acceptance is false and the case was foisted

using the motive that the appellant already questioned the running of the

school without obtaining certificate after transferring the school from a

rental place of Koodal Nagar to Chikkandar Savadi. Hence, the motive

was not properly considered by the learned trial judge. As far as the

recovery of the amount is concerned, the appellant was assigned the duty

to distribute pamphlets for the dengue awareness program. As per the

dengue awareness program, he was to distribute the pamphlets to the

NGO (Non Governmental Organization) and others. In this case, the

appellant incidentally met P.W.2 and handed over the pamphlets. The

acceptance of the pamphlets was also accepted by P.W.2 and P.W.3. In

such circumstances, his case of the thrusting of money in the pant pocket

is a plausible one and hence, the same has to be accepted. Without

accepting the same, the learned trial judge convicted the appellant. He

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further submitted that the appellant at the time of seeing P.W.2 the

amount was thrust in the pant pocket when he was holding the diary in

one hand and pamphlets in the other hand. Hence, thrusting of amount is

probable to match the case of the appellant.

7.1.The learned counsel further submitted that according to the

prosecution, the FIR was registered at 8.45 a.m. Before the registration of

the case, the information was sent to P.W.3/official witness at 7 a.m.

According to the prosecution, P.W.2 reached the office after 7.15 a.m and

at 7.15 a.m only FIR was registered. Prior to that, the Trap Laying Officer

sent a message to the superior of P.W.3. In the said circumstances, there

is a doubt over the entire prosecution case. More particularly, the

appellant was forcibly taken to the lodge and the mahazar was prepared.

Hence, he says that there is a bona fide doubt over the registration of the

case as stated by the prosecution. Apart from that, the material certificate

was marked as Ex.P.6 and the said certificate, was issued without

containing seal. According to P.W.2 and P.W.3, the appellant had taken

the document and made an endorsement as Madurai North. But the same

does not find place in Ex.P.6. He further submitted that as per the Trap

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Laying Officer, he handed over the original certificate to the de-facto

complainant and obtained the Xerox copy. In the said Xerox copy, he got

the attestation of the official witness, namely P.W.3 and the other official

witness. In the said certificate, the same is not available. In the said

circumstances, the case of the prosecution that the appellant handed over

the certificate to P.W.2 is not correct and the same is concocted one. The

same is further strengthened from the non-examination of the clerk, who

is the author of Ex.P.10. As per Ex.P.10, the document was already

prepared and the same was also ready even before 10.10.2012, in which,

there is an endorsement by the superior that the certificate is to be issued

on 10.10.2012 itself. Therefore, the custody of the document with the

appellant itself is doubtful and hence, the Deputy Director of the Health

Service, Madurai, was asked to participate in the recovery Mahazar in the

hotel and probably, he would have brought the file to that place.

Therefore, the non production of the original certificate with the

endorsement of Madurai North and the non-production of the Xerox copy

of the certificate with the endorsement of Madurai North and the absence

of signature of the attesting witnesses, namely P.W.3 and other witnesses

creates doubt over the entire trap proceedings. The learned counsel also

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further submitted that the case of the prosecution has not been proved

beyond reasonable doubt. To prove the demand, there was no evidence.

According to the prosecution on 10.10.2012, there was a demand through

phone. The phone details have been produced and the phone details

shows that there was no corresponding call details on 10.10.2012. In the

said circumstances, the demand was not proved. Only in the evidence of

P.W.2, he has stated that there was a demand on 20.09.2012, 26.09.2012,

10.10.2012 and finally on 12.10.2009 and hence, the demand was not

proved in accordance with law and without proof of demand, the

conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of

Corruption Act, 1988, can not be given against the appellant. The learned

counsel finally submitted that the reiteration of demand made on the date

of the trap in the presence of P.W.3 is unbelievable. The entire episode of

the recovery of the certificate is doubtful. Hence, he seeks for acquittal.

8.The learned Additional Public Prosecutor submitted that the

evidence of P.W.2 and P.W.3 is cogent and they have cogently deposed

before this Court about the demand and the acceptance on the date

12.10.2012. P.W.3 clearly deposed about the acceptance of the amount

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and the demand of the bribe amount before handing over the trap money.

P.W.3's evidence is that the certificate was handed over to P.W.2 by the

appellant. The said evidence of P.W.2 was never challenged by the

appellant and hence, the prosecution has clearly proved the case. The

witness has been examined after number of years ie., after 5 years and

therefore one can not narrate the event with precise memory and it is not

a ground to reject the version of the independent witness P.W.3 and P.W.2

and no contra evidence was adduced on the side of the appellant. In the

said circumstances, he seeks to confirm the sentence and imprisonment

imposed by the learned Special Judge.

9.This Court considered the rival submission made by the learned

counsel appearing on either side and perused the materials available on

record.

10.Now, the question arising for consideration in this case is

whether the conviction and sentence imposed against the appellant under

Section 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act,

1988, against the appellant is sustainable?

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11.The Proof of demand and acceptance:

According to the prosecution, P.W.2 was running a special school

in a rental premises situated at Koodal Nagar, Madurai. Subsequently, he

constructed his own building in Chikkandar Savadi and he made an

application to obtain the sanitary certificate and contacted the appellant.

The appellant made a demand on 20.09.2012 for giving the sanitary

certificate. Subsequently, he made the demand on various dates. He

initially made a demand of Rs.1,500/- and subsequently reduced to Rs.

1,000/- and finally he made the demand on 12.10.2012. Therefore, he

lodged a complaint before the Vigilance Department and trap was laid on

12.10.2012 and the appellant reiterated the demand and accepted the

bribe amount. To prove the demand, the prosecution relied the evidence

of P.W.2 and P.W.3. P.W.3 the independent official witness, has

specifically deposed about the reiteration of demand on the date of the

trap on 12.10.2012. P.W.2 cogently deposed about the demand made by

the appellant on various dates and particularly on 10.10.2012. On the

date of the trap, he made a call to the appellant and asked P.W.2 to meet

him near Fatima College. Near Fatima College, he met the appellant, and

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the appellant reiterated the demand in the presence of P.W.3. The above

evidence is cogent and there is no infirmity in the evidence of P.W.2 and

P.W.3 about the demand. The evidence is also cogent about the

acceptance of the bribe amount and the appellant after reiterating the

demand accepted the bribe amount and kept the same in his pant pocket.

Thereafter, he filled the sanitary certificate and put the seal and handed

over the original to P.W.2 in the presence of P.W.3. The said certificate

was recovered during the course of the recovery proceedings. The

phenolphthalein test also proved positive and the presence of the

appellant at the scene of the occurrence was also proved through

examination of the official witness, namely, P.W.3. Further, according to

the appellant he was deputed to the said area of the occurrence place to

distribute pamphlets to the public regarding the preventive measures of

dengue fever. The pamplet was also distributed by the appellant to both

P.W.2 and P.W.3. This defence has not been proved. Considering the

above evidence and circumstances, the prosecution clearly proved the

demand by the cogent evidence of P.W.2 and P.W.3 and the original

certificate was handed over by the appellant to P.W.2 is a material

circumstance to substantiate the case of the prosecution about the

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demand. The acceptance of the amount is clearly proved through the

phenolphthalein test in the hands and further test in the pant pocket of the

appellant. In view of the above circumstances, the prosecution has clearly

proved the demand and acceptance without any doubt. The application of

the appellant was processed by the department, namely, higher officials

of the appellant much earlier to the trap ie., on 08.10.2012 and in the

certificate register, Ex.P13 also there is a clause. There is an entry made

on 10.12.2012. Without sending the certificate to P.W.2 keeping the

document is a material circumstance to legitimately presume the

truthfulness in the case of P.W.2 that the appellant had demanded the

amount and accepted the amount and handed over the certificate after

receipt of the bribe amount. In this aspect, it is relevant to extract the

evidence of P.W.7 which is as follows:

“,e;j rhd;wpjo; Vw;fdNt ,Ue;j jghypy;

mDg;Gk; eilKiwia jtph;j;J M[h; vjphp jhNd kDjhuU;fF rhh;G nra;tjhf thq;fpr; nrd;Ws;shh;

muR tpjpfspd;gb jghy; %yk; jhd;

mDg;gg;glNtz;Lk;. vjphp thq;fpr; nry;yf;$lhJ.

11.1.Demand and acceptance is proved. Hence, the presumption

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under Section 20 comes into play and there was no explanation on the

side of the appellant about the receipt of the bribe amount. In the said

circumstances, this Court finds no merit in the submission of the learned

counsel for the appellant that the prosecution failed to prove the demand

and acceptance. The learned counsel for the appellant would submit that

there is a suspicion around the certificate issued by the appellant at the

scene of occurrence with the seal. The copies marked did not contain the

seal. This Court in order to verify the same, perused the original records

and also the file. In the record, the document is seen with seal. The same

was xeroxed and kept in the file of the vigilance department at the time

of the recovery.

11.2.The “Specific case of the Trap Laying Officer is that he

collected the xerox copy and handed over the original to P.W.2 at the

time of the prepartion of the recovery itself. Therefore, the said

discrepancies are not material to affect the prosecution case of the

demand and acceptance established through the cogent and trustworthy

evidence of P.W.2 and P.W.3. The learned counsel would further submit

that a part of the test was conducted in front of the xerox shop

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ie., phenolphthalein test was conducted in the hands of the appellant in

front of the xerox shop and the next part of the test in pant of the

appellant was conducted in the nearby lodge, which creates doubt; The

trap laying officer in his evidence stated that the place is a public place

and it was not conducive to conduct the test in the public place by giving

the alternate dress to the appellant and conduct the test in the pant pocket

of the appellant in public place. Therefore, he was brought to the nearby

lodge and the trap laying officer gave alternate clothing and after

obtaining his pant, the test was conducted in the pant and the same

proved positive. Therefore, this Court finds that there is no suspicion in

the said process. The Trap Laying officer conducted the said process to

protect the human rights of the appellant. The learned counsel submitted

that P.W.2 has motive against the appellant on the ground that he was

threatening to take action against him for running the institution in the

new building without obtaining certificate for 7 ½ months. The said

submission of the learned counsel can not be accepted. Even if P.W.2 had

motive against the appellant that is not a ground to disbelieve the

evidence when it is supported by the circumstances.

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11.3.As held by the Hon'ble Supreme Court in the following cases

the motive is not a ground to disbelieve the evidence of P.W.2 and also

P.W.3 who is an independent official witness who has no motive against

the appellant. The relevant paragraph is as follows:

the Hon'ble Supreme Court in the case of State of U.P. v.

Zakaullah, reported in (1998) 1 SCC 557 has held as follows:

6. The complainant's evidence was jettisoned on the mere ground that since he had a grouse against the delinquent public servant he might falsely have implicated the latter.

Such a premise is fraught with the consequence that no bribe-giver can get away from such a stigma in any graft case. No doubt PW 5 would have been aggrieved by the conduct of the respondent. The very fact that he lodged a complaint with the Anti-Corruption Bureau is reflective of his grievance. Such a handicap in his evidence may require the Court to scrutinise it with greater care, but it does not call for outright rejection of his evidence at the threshold. A pedantic approach rejecting the evidence of a complainant simply on the premise that he was aggrieved against the bribe-taker, would only help corrupt officials getting insulated from legal consequences.

11.4.In the case of State of U.P. v. G.K. Ghosh, reported in

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(1984) 1 SCC 254 has held as follows:

10. It is now time to deal with the criticism urged as a matter of course in the context of the police officer leading the raiding party — namely that he is an interested witness. This is true, but only to an extent — a very limited extent. He is interested in the success of the trap to ensure that a citizen, who complains of harassment by a Government officer making a demand for illegal gratification, is protected and the role of his department in the protection of such citizens is vindicated. Perhaps it can be contended that he is interested in the success of the trap so that his ego is satisfied or that he earns a feather in his cap. At the same time it must be realised that it is not frequently that a police officer, himself being a Government servant, would resort to perjury and concoct evidence in order to rope in an innocent Government servant. In the event of the Government servant concerned refusing to accept the currency notes offered by the complainant, it would not be reasonable to expect the police officer to go to the length of concocting a false seizure memo for prosecuting and humiliating him merely in order to save the face of the complainant, thereby compromising his own conscience. The court may

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therefore, depending on the circumstances of a case, feel safe in accepting the prosecution version on the basis of the oral evidence of the complainant and the police officers even if the trap witnesses turn hostile or are found not to be independent. When therefore besides such evidence there is circumstantial evidence which is consistent with the guilt of the accused and not consistent with his innocence, there should be no difficulty in upholding the prosecution case. The present case appears to be a case of that nature. If the circumstantial evidence is of such a nature that it affords adequate corroboration to the prosecution case, as held by the learned Special Judge, the appeal must succeed. If on the other hand the circumstantial evidence is considered to be inadequate to buttress the oral testimony, the appeal necessarily must fail.

14. So also it is not possible to believe that all the police officers had from the beginning conspired to rope in the respondent by hook or crook and had carried with them the half complete form which was acquired in a fortuitous manner to the consulting room in order to prepare the fictitious Farad at the time of the raid. It is not possible to believe that nothing had transpired at the raid, and yet, an imagined account of the occurrence and the seizure was

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incorporated in the Farad with a view to falsely implicate the respondent. The explanation of the respondent as to why the police officers should have falsely implicated the respondent is also not convincing.

11.5.The learned counsel for the appellant would submit that there

were no material records to prove the alleged demand made on various

dates. Even though, they have collected CDR report, they have not

collected the particulars of the phone details relating to all the dates.

Therefore, the investigating officier failed to collect the materials and has

not conducted the investigation in a fair manner. The requirement of law

is to prove the demand. For proving the demand it is not necessary for the

prosecution to test the testimony of the defacto complainant by proving

each demand made by the appellant. The demand and acceptance is an

offence. To prove the demand on 10.10.2012 and 12.10.2012, there is

ample evidence. P.W.2 clearly deposed about the demand on 10.10.2012

and 12.10.2012. The reiteration of demand on the date of the trap is

clearly deposed by P.W.3/Official witness that on the trap date on

12.10.2012 the appellant reiterated demand. Therefore, when the

testimonies of P.W.2 and P.W.3 are clear, cogent and trustworthy and the

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custody of the certificate with the appellant clearly proved the demand,

and hence, non-collection of the records to prove the call details of the

earlier demand is not fatal.

11.6. Minor discrepancies between the witnesses about the time

“07.00 am.”, and “07.30 am.”, “08.45.am.”, are immaterial when the

prosecution witnesses clearly deposed about the demand and acceptance.

These type of inconsistencies tend to occur when the examination of the

witnesses had taken place after the considerable delay of three years from

the date of the occurrence and the same cannot be a ground to acquit the

accused and the same has been fortified by the following judgment of the

Hon'ble Supreme Court in the case of Vinod Kumar Garg v. State (NCT

of Delhi) reported in 2020 (2) SCC 88 clearly stated as follows:-

14. ...Given the time gap of five to six years, minor contradictions on some details are bound to occur and are natural. The witnesses are not required to recollect and narrate the entire version with photographic memory notwithstanding the hiatus and passage of time. Picayune variations do not in any way negate and contradict the main and core incriminatory evidence of the demand of bribe, reason why the bribe was demanded and the actual taking of

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the bribe that was paid, which are the ingredients of the offence under Sections 7 and 13 of the Act, that as noticed above and hereinafter, have been proved and established beyond reasonable doubt. Documents prepared contemporaneously noticed above affirm the primary and ocular evidence. We, therefore, find no good ground and reason to upset and set aside the findings recorded by the trial court that have been upheld by the High Court.

Therefore, this Court finds no merit in the contention made by the

learned counsel for the appellant.

11.7.The appellant submitted before this Court and the learned trial

Judge, about his age related illness and pleaded to reduce the sentence.

Considering the mitigating circumstances, this Court is inclined to reduce

the sentence from two years to one year.

12. In the result,

(i) This Criminal Appeal is partly allowed. Consequently,

connected miscellaneous petition is closed.

(ii) The conviction under Section 7 of the Prevention of Corruption

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Act, 1988, passed by the learned Special Judge for Prevention of

Corruption Act Cases, Madurai, dated 04.08.2018, in S.C.No.14 of 2014,

is hereby confirmed.

(iii) Accordingly, the sentence of two years Simple Imprisonment

passed by the Court below for the offence under Section 7 of Prevention

of Corruption Act, 1988 is hereby reduced to one year of simple

imprisonment.

(iv) The sentence of two years Simple Imprisonment passed by the

Court below for the offence under Section 13(1)(d) r/w 13(2) of the

Prevention of Corruption Act, 1988 is also hereby reduced to one year of

simple imprisonment.

(v) The period of sentence already undergone by the

accused/appellant shall be set off under Section 428 Cr.P.C., as against

the substantive sentence.

(vi) The learned trial Judge is hereby directed to take steps to

secure the appellant and confine him in prison to serve the remaining

period of imprisonment.

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13.List this case on 27.06.2025 under the caption for “reporting

compliance”

15.05.2025

NCC : Yes/No Index : Yes / No Internet : Yes / No vsg/sbn

To

1.The learned Special Judge for Prevention of Corruption Act Cases, Madurai.

2.The Inspector of Police, Vigilance and Anticorruption, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J.

vsg/sbn

Pre delivery Judgment made in

15.05.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/05/2025 09:58:28 am )

 
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