SALIMKHAN SARDARKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) - This appeal by special leave is directed against the judgment of the Gujarat High Court reversing the acquittal of the appellant. The appellant was tried for offences punishable under section 161 of the Indian Penal Code and section 5(1)(d) read with S. 5(2) of Act No. 2 of 1947, on the allegation of having received Rs. 50/- as bribe.

(2.) The appellant was a police constable and at the relevant time, on 29-11-73, he was posted at S.T. Bus Stand at Bhaber. P.W. 1, the informant was plying a taxi and was in the habit of parking the taxi by the side of the bus stand where such parking was prohibited. It is the prosecution case that P.W.1 used to pay Rs. 5/- per month to the appellant as a consideration for not prosecuting him for such illegal parking. It is the further case of the prosecution that a few days before 29-11-73, the appellant told the informant that he should pay him (appellant) a sum of Rs. 60/- representing the payment for a whole year at Rs. 5/- per month, as he was in need of money, and it was finally settled that if the amount was paid in lump the informant would get a rebate of Rs. 10/- and he would have to pay Rs. 50/- only. On the information given by P.W. 1 to the Anti-Corruption staff, a trap was laid. Five 10 rupee currency notes were treated with phenolphthalein powder and made over to P.W. 1 to be paid as bribe. P.W. 9, the Inspector supervised the trap. P.Ws. 3 and 8 were called as Panches. At about 8 in the morning on 29-11-73, P.W. 1 met the appellant. near Jalaram Hotel. P.W. 9 and his companions remained at a distance of about 150 feet. P.Ws. 1 and 3 went into the hotel along with the appellant. According to P.W. 1 he took out the five 10 rupee currency notes and paid them to the appellant who received the notes in his left hand and put them into the side pocket of his Khaki shirt. Thereupon as previously arranged, P.W. 1 placed orders in loud voice for pedas. At this stage P.W. 9 feet others came up to the appellant and recovered the money. It is said that the currency notes were dipped into the mixture of Sodium Carbonate and the same turned rosy in colour. Similarly the pocket of the shirt and the fingers of the appellant were put to test and these too turned rosy.

(3.) The defence was a total denial of the bribe having been demanded and taken. The appellant stated under S. 313, Cr. P.C. that "at about 9.30 A.M. when I was writing my diary in the hotel, Ramji (P.W. 1) came in. the hotel and sat by my side. Ramji then asked whether I know the death of one woman. I told him that I do not know anything about it though I had gone to the hospital to bring the medicine. Then he took tea and got up. Then Mankadia Saheb, Patel Saheb and Morarji came there, when I was standing up to go to the bus stand then on Ramjibhai making some sign, Mankadia Saheb asked me to take out those notes but I refused to do so and, therefore, Mr. Patel took out those notes and counted ......"