NARESHKUMAR HARMANBHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, a police constable in Crime Branch in Ahmedabad City, was convicted under Section 5(2) of the Prevention of Corruption Act read with Section 151 of the Indian Penal Code for accepting an amount of Rs. 60/- as illegal gratification through accused No. 2 who was running a tea shop from the complainant to avoid his cattle being impounded. He was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 100/- and in default to undergo rigorous imprisonment for one month.

(3.) The conviction is based on the evidence of the complainant about whom the High Court has found that he changed his version substantially and made improvements from one stage to another. Yet the High Court was of opinion that these improvements were too trivial to be taken notice of. Further, the Trial Court for convicting the appellant had relied on the statement of accused No. 2 who had stated that he had accepted the amount on behalf of accused No. 1. The High Court was of opinion that the Trial Judge was not in error in finding support from the statement of the accused recorded under Section 313 Cr.P.C. In our opinion, in view of the shaky evidence of P.W. 1 coupled with the unnatural circumstance that the appellant would have shouted from a distance in presence of others asking accused No. (2) to accept the amount on his behalf and the illegality committed by the courts below in treating the evidence recorded under Section 313 as material for convicting the appellant, this appeal is liable to be allowed. 4. In the result, this appeal is allowed. The orders passed by the High Court and the Trial Judge convicting the appellant under Section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code are set aside. The appellant, we are informed, has already served out his sentence. Therefore, no further order is necessary.