TMI Blog2016 (3) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... and as well as acceptance of tainted money on the part of the accused have been clearly proved by the prosecution. Therefore, the contentions put forth on the side of the appellant/accused cannot be a basis for disbelieving the case of the prosecution. Defacto complainant has given picturesque evidence to the effect that the appellant/accused has demanded and accepted tainted money of ₹ 25,000/- and since the said vital aspects have been clearly established on the side of the prosecution, it is very clear that the appellant/accused is liable to be convicted under the sections mentioned in the charge. The trial Court after considering the replete evidence available on record has rightly found the appellant/accused guilty under the sections mentioned in the charge. Therefore, there has neither found any error nor illegality in the convictions and sentences passed by the trial Court. - Decided against the appellant - Crl.A.No.554 of 2009 - - - Dated:- 11-2-2016 - A. Selvam, J. For the Appellant : Mr. A. Ramesh, Senior Counsel For the Respondent : Mr. K. Srinivasan Special Public Prosecutor for CBI cases JUDGMENT This Criminal Appeal has been directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and the same has been read over and explained to him. The accused has denied the charge and claimed to be tried. 4. On the side of the prosecution PWs.1 to 8 have been examined and Exs.P1 to P11 and M.Os.1 to 6 have been marked. 5. When the accused has been questioned under Section 313 of the Code of Criminal Procedure, 1973 as respects the incriminating materials available in evidence against him, he denied his complicity in the crime. On the side of the accused, Exs.D1 to D6 have been marked. 6. The trial Court after hearing arguments of both sides and also after perpending the available evidence on record has found the accused guilty under Section 7 of the Prevention of Corruption Act, 1988 and sentenced him to undergo three years rigorous imprisonment and also imposed a fine of ₹ 1,00,000/- with usual default clause. Further he has been found guilty under Sections 13(2) r/w 13(1)(d) of the said Act and sentenced to undergo three years rigorous imprisonment and also imposed a fine of ₹ 1,00,000/- with usual default clause. Against the convictions and sentences passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The trial Court after considering their evidence coupled with connected documents, has found the accused guilty under the sections mentioned in the charge and sentenced him to undergo imprisonment as mentioned in the Judgment. 9. The learned Senior Counsel appearing for the appellant/accused has attacked the convictions and sentences passed by the trial Court on two grounds namely; (a) The consistent case of the prosecution is that during the course of pre-trap proceedings, the defacto complainant has handed over tainted money of ₹ 25,000/- to trap laying officer and after conducting necessary tests, the same has been put into a white cover and the said cover has also been subjected to requisite test and the specific evidence given by the defacto complainant, decoy witness and trap laying officer is that the said cover has been utilised for keeping tainted money and the said cover has been handed over to the accused. But the prosecution has failed to mark the same, nor the same has been subjected to Sodium Carbonate and phenolphthalein test. Under the said circumstances, the alleged demand of bribe as well as acceptance of the same by the accused have not been proved on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed without proof of demand will not bring home the offence under Section 7, since demand of illegal gratification is sine-quo-non to constitute the said offence. 11. From a cumulative reading of the decisions referred to earlier, it is made clear that in a case like this, the demand as well as acceptance of tainted money should be proved by the prosecution even without a speck of doubt. 12. In order to sustain the convictions and sentences passed by the trial Court, the learned Special Public Prosecutor has contended with great vehemence that in the instant case, demand as well as acceptance of tainted money by the appellant/accused have been clearly established by way of examining the defacto complainant, decoy witness, trap laying officer and Scientific Officer and the trial Court after considering the overwhelming evidence available on the side of the prosecution, has rightly invited convictions and sentences against the appellant/accused and the same are not liable to be interfered with. 13. On the basis of the divergent submissions and also on the basis of the dictum given by the Hon'ble Supreme Court, the Court has to meticulously analyse as to whether in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to insurance related service tax matters. The accused has directed him to meet another person, adjacent to him. Further he deposed that the accused has asked him to come to 6th floor and accordingly both he and accused have come to 6th floor, in front of lift, the accused has asked him to give the amount and he has given the same to the accused and he put the same in right side pant pocket. Further he deposed to the effect that he has given pre-arranged signal to the Inspector of Police. The Inspector of Police and others have come to the place of the accused and asked him to the effect as to whether he has received bribe and after making proper identification, the Inspector has conducted Sodium Carbonate test. The accused has been asked to tip his right finger in the sodium carbonate solution and the same has turned pink colour. The accused has handed over tainted money to the Inspector and again the Inspector has conducted similar test. 15. The decoy witness by name Ramasubramaniam and trap laying officer have been examined as PW3 and PW4 and in fact, they deposed evidence as deposed by PW2, defacto complainant. 16. In fact, this Court has perused the entire evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he second contention put forth on the side of the appellant/accused also, necessary evidence is available on the side of the prosecution and the said micro chip has been marked as M.O.2. But as rightly pointed out on the side of the appellant/accused, the said micro chip has not been displayed by the trial Court at the time of trial. 22. The learned Senior Counsel appearing for the appellant/accused has advanced his entire argument only on the basis of the grounds mentioned supra. As pointed out earlier, the concerned white cover has not been marked on the side of the prosecution and further the concerned micro chip (M.O.2) has not been displayed by the trial Court at the time of trial. 23. At this juncture, the Court would like to point out that the entire case of the prosecution is not based upon the two aspects mentioned on the side of the appellant/accused. 24. It has already been pointed out that in a case like this, two aspects have to be established on the side of the prosecution. The first and foremost aspect is that the concerned accused should have demanded bribe amount and the second aspect is that on the basis of his demand, tainted money should be given to him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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