G THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals are from the convictions and sentences in C.C. No. 38 of 1979, on the file of the Special Judge, Trichur. Cri. A. No. 5 of 1982 by the second accused. Charge against the first accused was for the offences punishable under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code. Second accused was charged for having committed offences punishable under Section 5 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, and Section 165-A read with Section 114 of the Indian Penal Code. Both of them were convicted and sentenced for the respective offences charged. Sentences were each for a term of rigorous imprisonment for six months with a direction to undergo the sentences concurrently.

(2.) First accused is a police constable attached to Ottasekharamangalam Police Out Post. Second accused is an employee in a nearby tea-shop run by D.W. 1. Second accused was supplying tea and other food items to the Police Out Post. In the locality second accused was called the reason being that he used to write petitions and complaints to be filed in the Police Station.

(3.) The prosecution case is as follows: On 19-1-1977 accused 1 and 2 went together to P.W. 1. First accused informed him that he has come to enquire into a petition filed by one Kunhikrishna Panicker against P.W. 1. He demanded Rs. 15/- from P.W. 1 as illegal gratification to square up the matter. Immediately, the second respondent abated commission of offence punishable under Section 165-A of the Indian Penal Code by P.W. 1 by advising him that if the amount is paid he could avoid beating by the police. P.W. 1 was not agreeable. On 1-2-1979 he went to the Vigilance Officer at Trivandrum (Dy. S.P., who was examined as P.W. 9) and gave Ext. P. 1 complaint. P.W. 9 arranged a trap. Two currency notes of Rs. 10/- and Rs. 5/- respectively given by P.W. 1 were returned to him marked and smeared with phenolphthalein powder. The Vigilance party headed by P.W. 9 kept behind and P.W. 1 was directed to go ahead to pay the notes to first accused. In front of the Police Out Post at about 5 or 5.30 p.m. on 1-2-1977 P.W. 1 saw accused 1 and 2. P.W.4 was also there. On seeing P.W. 1 first accused repeated his demand for Rs. 15/-. P.W. 1 gave the amount to him. Out of the amount the first accused gave Rs. 5/- to the second accused. Thereafter both of them left the scene, the first accused in a bicycle and the second accused walking. As arranged earlier, P.W. 1 gave signal. The Vigilance Party moved in a Jeep along with P.W. 2. The first accused was chased and prevented at a distance of nearly 1 km. From the pocket of the shirt worn by him two ten rupee notes were taken. These notes, the hand and pocket of the first accused as well as the handle of the bicycle in which he was riding turned pink when sodium carbonate solution was applied, indicating that the marked and smeared currency notes were voluntarily handled by him. Shortly afterwards, the second accused came to the scene and one five rupee note was taken from his pocket. His pocket, hand as well as the currency note yielded the same result to sodium carbonate solution. P.W. 2, a teacher in a nearby school, is a witness who was previously arranged by the vigilance party to observe the formalities. After preparing the necessary records and after due investigation the charge was laid. Sanction for the charge was also obtained and produced before Court.