C K DAMODARAN NAIR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Four Provident Fund Inspectors of Calicut including the appellant before us were tried by the Special Judge, Ernakulam for offences punishable under Section 161 I. P. C. and Section 5 (2) read with Section 5 (1)(d) of the Prevention of Corruption Act, 1947 (Act for short). The learned Judge acquitted all of them and aggrieved thereby the respondent preferred an appeal. The High Court disposed of the appeal by setting aside the acquittal of the appellant and convicting him for the above offences while maintaining the acquittal of the other three. Hence this appeal at the instance of the appellant.

(2.) According to the prosecution case on March 24, 1984 the appellant and two of the other three accused persons (who were arrayed as A3, A1 and A2 respectively at the trial and will hereinafter be so referred to) visited the Relief Hospital at Kondotty, of which Dr. Moideenkutty (PW 1), K. K. Nair (PW 2) and Haneefa (PW 9) were the Managing partner, Office Manager and Assistant Manager respectively. There they first met PW2 and then, along with him, went to meet PW 1. Before PW 1 they disclosed their identities and told that they had come to inspect the records of the Hospital. Accordingly, under directions of PW 1, PW 2 handed over the attendance book and wages registers to them. The three accused persons then directed PW 2 to produce all other relevant records of the Hospital including the partnership deed in their office on March 29, 1984. As directed, PW 9 took the records to the office of the above three accused persons on the appointed day. Even though, A1 and A3 scrutinised the records on that day they asked PW 9 to produce the same again on the following day i.e. March 30, 1984. On the day so fixed when PW 9 and PW 2, alongwith the records, went to the office of the accused persons they found only A2 present there. A2 directed P. Ws. 2 and 9 to go and meet A1 and A3 who were waiting for them in room No. 17 of the nearby Alakapuri Guest House. PW 2 and PW 9 then went to Alakapuri Guest House and met A1 and A3. A3 told PWs 2 and 9 that the Hospital would have to pay Rs. 7500/- towards its provident fund contribution but if they were paid Rs. 3500/- the Hospital could be exempted from such payment. When PW 9 expressed his inability to pay the amount demanded, A1 insisted on payment of at least Rs. 2000/- and out of that amount Rs. 1000/- on March 31, 1984 in their office. PWs 2 and 9 then returned to the Hospital and apprised PW 1 about the talks they had with the three accused persons. For making such illegal demand PW 1 decided to complain against the accused persons to the CBI and handed over a sum of Rs. 1000/- to PW 9 for payment to them at the appropriate time. On March 31, 1984 PW 9 visited the office of the accused when A2 alone was present and he asked PW 9 whether he had brought the amount. PW 9 however told A2 that he could not bring the amount, as he could not contact PW 1. A2 thereupon instructed PW 9 to bring the money to their office on April 2, 1984 before 10.30 a.m.

(3.) Immediately thereafter PW 9 contacted Inspector Thomas John (PW 10) of the CBI Office, Cochin over phone from Calicut. On being told about the entire episode PW 10 reached Calicut the same evening accompanied by A. S. I. A. D. Nambiar and constable Sreekumar and met PW 9. PW 9 gave a written complaint (Ext. P. 16) to PW 10 and the latter immediately forwarded the same to the Superintendent of Police, (S. P.) C. B. I. Cochin through a constable. The S. P. C. B. I. marked the complaint to Inspector S. Vijaykumar (PW 8) with a direction to register a case under Section 161 I.P.C. and arrange a trap. In terms of the said direction PW 8 drew up an FIR (Ext. P. 15) and immediately proceeded to Calicut along with Inspector M. R. Kurup and two constables to lay a trap. On arrival at Calicut PW 8 ensured the presence of two local witnesses viz. Premarajan (PW 3) local Manager of the State Bank of India and K. V. Anandakrishnan (PW 4), an Accountant of Canara Bank PW 10 then directed PW 9 to meet the Policy party in room No. 204 of the Neelima Lodge on April 2, 1984 at 7. 30 a.m. where PW 8 had directed PWs 3 and 4 to be present.