(1.) The appellant accused, has been convicted by the Special Judge, Trivandrum (a Judge appointed under S.6 of the Criminal Law Amendment Act, (XLVI/1952) of an offence under S.165 of the Indian Penal Code. He has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 300/- in default to suffer rigorous imprisonment for a further period of one month.
(2.) The following facts are amply borne out by the evidence and were indeed admitted by the accused when questioned at the trial under S.342 Crl. P. C., The accused was an Assistant Garrison Engineer in the Military Engineering Service, a gazetted post under the Central Government. He was a public servant within the meaning of S.21 of the Indian Penal Code. From 1951, up to his transfer in April 1953, he was stationed at Willingdon Island, Cochin, and was living in Ernakulam. On 10-3-1953, Pw. 2 an engineering contractor of the accuseds department, who was at the time, executing two works under the supervision of the accused supplied the accused with a refrigerator costing Rs. 1300 and odd and had it delivered and installed at the accuseds residence in Ernakulam. On his transfer to Bombay, the accused left the refrigerator behind with Pw. 12 with whom he subsequently carried on a correspondence for its sale and from whom it was seized by the investigating officer.
(3.) It is thus proved and admitted that the accused, a public servant, accepted the refrigerator, a valuable thing, from Pw. 2 a person, who, to his knowledge, was concerned with a proceeding which was being transacted by him (the accused) as such public servant & having connection with his (the accuseds) official functions. The only element remaining to be proved to constitute an offence under S.165 of the Indian Penal Code is that the acceptance was without consideration or for a consideration which the accused knew to be inadequate. On this point, it is the case of the prosecution as spoken to by Pw. 2 that the refrigerator was demanded and obtained by the accused as a gift, while it is the case of the accused that he brought the refrigerator through Pw. 2 who canvassed his order promising him a substantial commission (being closely connected with Messrs. Harrison & Crosfield, the local agents for this particular make of refrigerator), and that before he left for Bombay he paid Pw. 2 Rs. 1200/- in cash for its price in two instalments, the first of Rs. 500/- and the second of Rs. 700/-.