HC overturns acquittal of civic officials in graft case
TNN | Mar 28, 2019, 02.42 PM IST
MADURAI: Chiding a trial court for acquitting a municipality executive officer and his subordinate under the Prevention of Corruption Act, the Madurai bench of the Madras high court called the judgment perverse and convicted the two government staff to one year imprisonment for demanding bribe to make arrangements for water supply connection to a citizen.
The court was hearing an appeal by the Trichy vigilance and anti-corruption wing police against the acquittal of then Thanthoni municipality executive officer, M Kathirvel and V Sekar, a water supply helper in Karur district. In 2007, B Vanitha, a resident of Thanthoni municipality had approached the government office to get water connection for her house. After receiving the application, Sekar had demanded Rs 1,500 extra apart from the charges involved. Sekar reportedly told the woman that it was on the instruction of the executive officer and when the woman confronted the officer about it, he too asked her to pay the money and refused to give water connection without her paying the extra amount.
The woman filed a complaint with the DVAC and a trap was set up. The woman handed over chemically soiled notes to the helper, which he received, according to the prosecution.
After a trial lasting five years, the lower court acquitted the two citing that if at all the money was received as illegal gratification by the first accused, he would definitely keep the amount in his pocket or on his table drawer, but the same was placed on the table and also agreed with their submission that the collected sum was for military / flag day donation.
Justice M Dhandapani after perusing the trial documents and the submissions made during the trial observed that the court is unable to understand the view taken by the trial court and that even if the amount taken was for flag day donation, no register was submitted to establish the same. “It can be stated that none of the reasonings given by the trial court for concluding that the prosecution case is not reliable is not based upon any evidence available in this case, but the entire finding of the trial court is thoroughly based upon misreading of the evidence,” the court said and convicted the two.
TNN | Mar 28, 2019, 02.42 PM IST
MADURAI: Chiding a trial court for acquitting a municipality executive officer and his subordinate under the Prevention of Corruption Act, the Madurai bench of the Madras high court called the judgment perverse and convicted the two government staff to one year imprisonment for demanding bribe to make arrangements for water supply connection to a citizen.
The court was hearing an appeal by the Trichy vigilance and anti-corruption wing police against the acquittal of then Thanthoni municipality executive officer, M Kathirvel and V Sekar, a water supply helper in Karur district. In 2007, B Vanitha, a resident of Thanthoni municipality had approached the government office to get water connection for her house. After receiving the application, Sekar had demanded Rs 1,500 extra apart from the charges involved. Sekar reportedly told the woman that it was on the instruction of the executive officer and when the woman confronted the officer about it, he too asked her to pay the money and refused to give water connection without her paying the extra amount.
The woman filed a complaint with the DVAC and a trap was set up. The woman handed over chemically soiled notes to the helper, which he received, according to the prosecution.
After a trial lasting five years, the lower court acquitted the two citing that if at all the money was received as illegal gratification by the first accused, he would definitely keep the amount in his pocket or on his table drawer, but the same was placed on the table and also agreed with their submission that the collected sum was for military / flag day donation.
Justice M Dhandapani after perusing the trial documents and the submissions made during the trial observed that the court is unable to understand the view taken by the trial court and that even if the amount taken was for flag day donation, no register was submitted to establish the same. “It can be stated that none of the reasonings given by the trial court for concluding that the prosecution case is not reliable is not based upon any evidence available in this case, but the entire finding of the trial court is thoroughly based upon misreading of the evidence,” the court said and convicted the two.
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