P KRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question for consideration in this criminal appeal filed by the accused is whether he demanded illegal gratification from P.W. 1 as a motive or reward for doing an official favour in processing the tender quickly and actually received Rs. 200/from him or whether he was falsely implicated by thrusting the notes into his hand as contended.

(2.) Appellant was a clerk in the store purchase section of the office of the Inspector General of Police, Trivandrum. P.W. 1 is having a shoe manufacturing unit at Varkala. In response to the tender invited by the Inspector General of Police for the supply of ammunition boots, P.W. 1 was the lowest tenderer. Feeling that there was delay in processing tenders even after the due date, P.W. 1 met the appellant at his office by 12 noon on 11.12.1978. Appellant demanded 5% of the tender amount coming round about Rs 3,000/-as illegal gratification. Though P.W. 1 was not willing to pay he said that he brought only Rs. 200/. Appellant wanted that amount to be paid to him as the first installment or advance by about 5.30 p.m. that day itself at a particular point in the Water-Works, Keltron Road. P.W. 1 promised and went away.

(3.) Then he went to P. W. 11 (Dy. S.P., Vigilance) and gave first information statement at 3 p.m. A case was registered and trap arranged. As promised the notes which were marked and smeared with phenalphthalein powder were given to the appellant at 5.30 p.m. in the previously agreed place on further demand made by him and it was received by his right hand. On getting the arranged signal wbicll was relayed by P.W. 3, P.W. 11 and party came and seized the notes. Appellant was arrested and after investigation the case was charge-sheeted. This is the prosecution version. Charge is under sections 161 and 477 A of the Indian Penal Code and section 5(2) read with section S(1)(d) of the Prevention of Corruption Act. He was convicted and sentenced by the Special Judge.