2006 (10) TMI 487

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....ourt dated 31.01.2006 by which the appeal of the accused-appellant against his conviction under Section 7 read with Section 13 of the Prevention of Corruption Act by the Trial Court was upheld. Heard learned Counsel for the parties and perused the record. 3. The facts in brief are that the appellant (hereinafter referred to as 'the accused') was employed as group "D" staff, A/C and Power, Harbour Telephone Exchange, Chennai-1 and as such, he was a public servant. It is alleged that the accused demanded and accepted a sum of ₹ 1500/- on 9.11.1992 from Kumaresan (P.W.2), who is the cousin of Smt. Nagalakshmi at No. 38, Mosque street, Vadapalani, Chennai-26, as illegal gratification for getting permanent telephone con....

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....onths for the temporary telephone connection and it was processed by V. Narayanaswamy (P.W.8) and extension was approved. As per the release of 747 new telephone connections ordered by AGM (South) on 5.8.1992, Smt. Nagalakshmi was eligible for new telephone connection and Narayanswamy (P.W.8), who was dealing with the file, put up note to regularize the temporary line already available with Smt. Nagalakshmi and to close the temporary line and it was finally approved by the Commercial Officer South (III) on 27.10.1992. On 28.10.1992, the telex message for closing the temporary connection in respect of telephone No. 427112 provided to Smt. Nagalakshmi and simultaneously for providing permanent connection with the same telephone number was tra....

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....e (P.W.4) and he made discrete enquiries, in which it came to light that the accused was in the habit of demanding and accepting illegal gratification from the subscribers, who in the normal course had been allotted telephone connections, in the pretext of getting them new telephone connections. Accordingly, a trap was held as directed by the said Inspector of Police (P.W.4). 6. In the trap conducted by P.W.4 in the presence of Govindarajan (P.W.3), Assistant Manager (vig), UIIC, Royapetah, Madras and one G. Sankaran, the accused demanded and accepted a sum of ₹ 1500/- on 9.11.1992 from Kumaresan (P.W.2), who is the causing of Smt. Nagalakshmi at No. 38, Mosque Street, Vadapalani, Chennai-26, as illegal gratification for getting perm....