Thanickachalam vs The State of Tamil Nadu

N. Dhimkar, J.—The Appellant, who hereinafter will be referred to as ""the accused"" was the surveyor during the relevant period. According

to the prosecution, he demanded a sum of Rs. 200/- from P.W.I as illegal gratification for measuring the land and received a sum of Rs. 150/- at

5.30 p.m. on 15-9-1991. Therefore, he was prosecuted before the learned Special Judge cum Chief Judicial Magistrate, Thanjavur at

Kumbakonam in Special Case No. 2 of 1992, for offences punishable under sections 7 and 13 (2) read with 13(1) (d) of the Prevention of

Corruption Act (for short ''the Act'') and the learned Special Judge, on the evidence adduced, convicted, and sentenced him to suffer rigorous

imprisonment for six months for the offence punishable u/s 7 of the Act. He was also directed to pay a fine of Rs. 300/- with a default sentence of

two months rigorous imprisonment and for his conviction u/s 13 (2) read with 13 (1) (d) of the Act, he was sentenced to suffer rigorous

imprisonment for a period of one year and also directed to pay a fine of Rs. 500/- with a default sentence of three months rigorous imprisonment

with a further direction that the substantive portion of the sentence will run concurrently, Hence the appeal.

The case of the prosecution can be briefly summarised as follows :-

P.W.I was a resident of Vallam and was running a stall selling sweets. In the year of 1990, his wife Savithri purchased 3,971 ft. of land in survey

No. 8/2 from one Jagadeesan. After purchasing the land, a petition was given to the Tahsildar to point out the four boundaries. The accused, who

was the Surveyor measured the lands and the measurement showed that 7 feet of land, which was in possession of P.W. 3 was conveyed to P.W.

1 as per the document and therefore the accused erected stones on the boundaries including the 7 feet of land. P.W. 1 informed the said fact to

P.W. 3. He later put up construction in the corner of the property. He had put up a bath room and a toilet. P.W. 3 wanted the land to be

measured and therefore P.W. 1 gave an application at the office of the Tahsildar on 14-8-1991. On 9th or 10th September 1991, he also went to

the office of the Tahsildar and on enquiry, he came to know that the relevant file is pending on the table of the accused. He met the accused and

requested him to go over to the property and measure the same. The accused demanded a sum of Rs. 200/- P.W.I asked him to that the demand

is on the higher side, since he had to measure only a small piece of land. He also promised to give him a sum of Rs. 150/- on the date when he

goes over to the property for the purpose of measuring the land. At about 6.00 a.m. on 12-9-1991, the village menial Govindan informed P.W. 1

that the accused will go over to the properly for the purpose of measuring the land. P.W. 1 told him that he will not be available in the village and

the surveyor could came on some other day. At about 9.00 a.m. on the same day, he was at the Bus Stand to board a bus for Trichy. The village,

menial Govindan, met him at the bus stand and told him that the surveyor the accused, will be visiting village for the purpose of measuring the land

on the following Sunday, P.W. on coming to know that the accused will be coining to the village on Sunday and deciding not to pay bribe, went to

the office of the vigilance and Anti Corruption and gave a complaint, which was registered as a crime by P.W. 5, The Deputy Superintendent of

Police, vigilance and Anti corruption, Thanjavur. P.W. 5 thereafter sent for P.W. 2 the supervisor in a cooperative society and another official and

on their arrival, the complaint given by P.W. 1 was given to them for perusal. P.W.2 and the other independent official perused the complaint and

thereafter P.W. 1 was asked to produce the amount, which he had to pay as bribe to the accused. The phenolphthalein test was demonstrated to

the witnesses and thereafter the notes were handed over to P.W.I, which was smeared with phenolphthalein powder with an advice to give the

money if demanded by the accused. He was also informed that if the amount is received by the accused, P.W. 1 must show a signal, by wiping his

face with his dhoti .Thereafter P.W.1 accompanied by the police party proceeded to the Village, The police Party reached the bazaar at Vallam.

P.Ws 1 and 2 left towards the land to find out whether the accused reached the place. The raiding party were waiting for the arrival of the accused

in a place not visible to others. At about 4.30 p.m. the accused reached the disputed land and asked P. W. 1, Whether he can proceed to measure

the land. P.W.I told him that they have to wait for P.W. 3 Ponnusamy. The accused told him that they need not wait for the arrival of Ponnusamy

and proceeded to measure the lands. After measuring the land he pointed out the boundaries. The land of P.W.3 ponnusamy, was also separately

measured. After measuring the land he proceeded to the house of P.W. 1 and took a seat on a bench. He obtained the signature of P.W. 1 for

having measured the land.

P.W 1 asked for the rough sketch from the accused and the accused told him that he will give it later. He asked P.W.I to send him quickly,

thereby indicating that he must pay the amount. P.W. 1 handed over the currency notes, which were smeared with phenolphthalein powder and it

was received by the accused and he placed the notes in his pocket. Thereafter P.W.1 got down from the peal of the house and showed the pre-

arranged signal by wiping his face. The raiding party reached the place and finding the accused, prepared phenolphthalein solution. The accused

was requested to dip his left hand fingers into the solution and when he dipped his left hand fingers, it did not turn pink. But when he dipped his

finger on the right hand the solution turned pink, indicating that the accused has handled the currency notes, which were smeared with

phenolphthalein powder. The accused was questioned and asked to produce the money received, from P.W. 1 and thereafter the accused took

money from his pocket and handed over the same to the raiding party. It was seized under a mahazar, which was attested by witnesses. The

accused was brought to the police station and investigation was conducted. After obtaining the sanction, final report was filed against the accused.

The learned counsel appearing for the accused submits that P.W. 1 admittedly is a court bird and thereafter, his evidence cannot be accepted to

hold that the accused received the amount.

I have considered the contention and also perused the evidence. I have also heard the learned Government Advocate (Crl. Side)

The fact which I have extracted above shows that during the relevant period, the accused was working as a surveyor and there was a dispute

between P.W. 1 and P.W.3 regarding a property. The evidence of P.W. 1 that he had a dispute with P.W.3 as regards the boundary of the

property, which his wife purchased, is supported by Ponnusamy, who was examined as P.W.3 in court. It is the case of the prosecution that on

account of the dispute as regards the boundary of the property, a petition was given by P.W.1 at the office of the Tahsildar for surveying the

property and when P.W.I went to the office of Tahsildar. He was informed that the file was pending with the accused. According to P.W. 1 he met

the accused and that the accused demanded a sum of Rs. 200/- as illegal gratification and P.W.I after promising to pay a sum of Rs. 150/-

returned to the village. It is the further evidence of P.W. 1 that he promised to pay the amount of Rs. 150/- on the date when the accused arrived

at the village to measure the land. P.W. 1 has further deposed that he gave a complaint at the office of the vigilance and Anti corruption and on the

date of incident, after the accused arrived and measured the land, the amount was demanded and the same was paid. The evidence of P.W. 1 is

supported by the evidence of P.W.2, the official witness, who was present throughout and also by the subsequent recovery of the amount from the

person of the accused. According to P.W.5 on seeing the prearranged signal, they went to the house of P.W. 1 and finding the accused, they

requested him to dip his hand and when he dipped his right hand, the solution turned pink, indicating that the amount was received by the accused.

The accused was questioned and asked to produce, the amount received from P.W.I. According to the officer of P.W.5, the accused immediately

produced MOL series from his pocket and the same was recovered under a mahazar. If the accused has not received the amount, he could not

have produced the said amount from his pocket and the conduct of the accused in producing the amount from his pocket is also relevant u/s 8 of

the Evidence Act to be taken into consideration, while considering the evidence of the witnesses. The evidence of P.W.I supported by P.W.2 and

the fact that the finger on the right hand of the accused turned pink when they were dipped in to phenolphthalein solution and the fact on the

accused producing the amount from his pocket, when confronted, establish the case of the prosecution that the accused demanded illegal

gratification and received the same from P.W. 1. The trial court was justified in accepting the prosecution version and I find no illegality. The

Appeal is, therefore dismissed.