S RAJESWARAN Vs. STATE

JUDGEMENT

(1.) The accused in C.C. No. 15 of 1983 who has been convicted by leaned VIII Additional Special Judge, Madras Division for an offence under S. 161, I.P.C. and 5(1)(d) r/w. S. 5(2) of the Prevention of Corruption Act is the appellant. The accused is an Assistant Conservator of Forest, Andaman Government Timber Depot, Madras, Harbour, Madras. He was sentenced to undergo rigorous imprisonment for a period of one year and imposed a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for a period of three months, for having received a sum of Rs. 500/- from one Ramachandra Nair, partner of M/s. Paywoods as illegal gratification other than the legal remuneration for showing favour to M/s. Paywoods for reconsidering the reduction of Rs. 30,369.20 from the bills of M/s. Paywoods as a public servant. The prosecution examined P.Ws. 1 to 7 and marked Exs. P. 1 to P. 19. The accused has not examined any witness on his side but marked Exs. D-1 to D-11. M.Os. 1 to 83 were marked on the side of the prosecution. The learned Special Judge found him guilty as stated above. Aggrieved by the order of the Special Judge the present appeal has been filed.

(2.) The case of the prosecution is briefly as follows : P.W. 1 is the Assistant Secretary, Confidential Cell of Andaman and Nicobar Government Administration. According to him he is the competent officer to authenticate all the orders issued by the Lt. Governor of Andaman and Nicobar Islands and Ex. P-1 does not disclose or reveal the name of the Lt. Governor who had accorded sanction and that the Lt. Governor has not signed the sanction order and he only signed Ex. P-1 which is the original. He denied the suggestion that he was not competent to authenticate the orders issued by the Lt. Governor and he had not produced any record to show, except his oral evidence, that he was empowered to authenticate the orders of the Lt. Governor. P.W. 2 Ramachandra Nair is the partner in the M/s. Paywoods. As a contractor of clearing agency he used to clear the goods received from Andaman and Nicobar Islands. Due to the delay in clearing the goods arrived from Andaman and Nicobar Islands at Madras port, a sum of Rs. 30,369.20 was about to be deducted from the bills of P.W. 2. According to P.W. 2 the accused demanded a sum of Rs. 2,000/- as bribe in order to make the entire payment without deduction. But P.W. 2 agreed to pay a sum of Rs. 500/- and asked the accused to come to his house to take the money. Then P.W. 2 on the same day, i.e. on 11-6-1982 went to the office of the Anti Corruption and Vigilance Cell and gave a report to the Superintendent of Police which is Ex. P-6. The Superintendent of Police called the Inspector, P.W. 6 and entrusted the matter. The Inspector took up the matter and asked P.W. 2 to bring a sum of Rs. 500/-. P.W. 2 brought Rs. 500/- and after that P.W. 6 finished the formalities of solution test and gave some instructions to P.W. 2 to trap the accused. Then P.W. 2, P.W. 3, P.W. 6 went the house of P.W. 2 along with one Muthukumar and P.W. 6 made some arrangements to trap the accused. Then the accused came and P.W. 2 and the accused had some discussion and then P.W. 2 gave the amount to the accused. The accused received the amount.

(3.) P.W. 3 Vasanthakumar is employed in Adi-Dravida Welfare Office as Inspector. On 11-6-1982 he was engaged by P.W. 6, Inspector of Police for trapping the accused. His evidence is that he was present at the scene when the accused took a sum of Rs. 500/- from P.W. 2 and also at the time of preparation of mahazar Ex. P.-9 at about 3.30 p.m. for the seizure of Rs. 500/- from the accused. He also corroborated the evidence of P.W. 2 that the accused was paid the amount for not making deduction from the charges due from P.W. 2 and that when the amount was paid to the accused, P.W. 6, the Inspector came there and introduced himself to the accused and that the accused stood perplexed on seeing the Inspector. Then phenolphthalein test was conducted in the hands of the accused and then the currency notes were seized under mahazar Ex. P-10 wherein this witness had signed. M.O. 6 is the shirt worn by the accused. P.W. 4 Nirmal Kumar is a Clerk in M/s. Baywoods Company and also a relative of P.W. 2. P.W. 4 met the accused prior to the date of occurrence and asked him to give the file relating to the ship M. V. Digipul which the accused gave him. The accused asked about P.W. 2. P.W. 4 replied that his uncle was not well. P.W. 5 Mr. A. K. Datta is the Conservator of Forest in the Andaman Nicobar Government at Port Blair. He knew the accused. M/s. Bay Woods is one of the stockists for Andaman Government Depot at Madras. As per the terms of the agreement recoveries have been made by the accused who was the then Assistant Conservator of Forest. The accused was in-charge of the timber depot and it is one of his duties to make recoveries if there is any violation of the agreement. Ex. D-1 shows the deduction made as per Cl. 7(2)(1) of the Agreement. It is seen from Ex.D-2 that refund of deduction cannot be done by the accused. Ex.D-3 the letter dated 7-9-1981 is as follows : "We hereby reject outright your irrelevant and insane imagination contained in your above letter." Ex.D-4 dated 27-7-1981 is as follows : "We resent your unfounded and defamatory remarks therein and hope better sense will prevail upon you hereafter." In Ex.D-5 letter it is stated as follows : "Further, it is noted that the language used by you in the official correspondence with the A.C.F. (D.D.) Madras is rather intemperate. Kindly refrain from using such language in official correspondence in future." P.W. 5 deposed that he had not received any report from the police and that if the accused was allowed to work, it would not prejudice the departmental enquiry.