K NARASAIAH Vs. STATE

JUDGEMENT

(1.) These two appeals arise from the order of the learned Special Judge (9th Additional Sessions Judge), City Civil Court, Madras, in C. C. No. 42/95 for the offences under Sections 161 Indian Penal Code and Section 5(1)(d) of Prevention of Corruption Act. The accused was convicted to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 for the offence under Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, whereas he was acquitted of the charge under Section 161 Indian Penal Code. As against the conviction, the accused has filed the Appeal C. A. No. 993/86 and the State, Challenging the acquittal of the accused for the offence under Section 161, Indian Penal Code, has filed the Appeal No. 568/91.

(2.) The accused was working as an office Superintendent in Railway Hospital at Perambur, Madras. The Prosecution case is that P.W. 1, who is a native of Chittoor Taluk, Andhra Pradesh, was unemployed. He applied far the post of Khalasi in Integral Coach factory Perambur in 1984 but how as not selected. As his villagers were telling that this accused, who is a neighbouring villager, was able to secure jobs, he approached him on 2-5-1985 with a request to secure some job in the railway department. The accused agreed to provide him job but demanded Rs. 3,000.00 as bribe for securing a job. But P.W. 1 expressed his inability to pay Rs. 3,000.00 and his capacity cannot go beyond Rs. 1,000.00. He again met the accused on 11-5-1985 in his house in Railway Quarters, Perambur and the accused prepared an application form Ex. P. 11 for the Hospital Attendant post. After preparing the application, he demanded money from P.W. 1 but P.W. 1 said that he would come on 13-5-1985 with money. On 13-5-1985 when he went to his office in Ayanayaram, making enquiries about the accused, the persons therein were talking that the person who pay the illegal gratification as well as the person who receives it, are being prosecuted. When he enquired them to give him further details, they asked him to go to Shastri Bhavan to make enquiry about it. He went to Shastri Bhavan and the police constables there guided him to the Superintendent of Police, Central Bureau of Investigation, to whom he narrated the facts. He asked him to give a complaint and he wrote Ex. P.1 complaint in Telugu as his mother tongue is Telugu. He was directed to meet P.W. 6, the Inspector, C.B.I., who asked him to come by 3.30 p.m. with the cash of Rs. 1,000.00 which was demanded by the accused. As he had already brought this money M.O. 1 series, he met him in the evening as directed by P.W. 6. In the meanwhile. P.W. 6 met the Senior Superintendent Post Master for providing two officers of his department to be the witnesses for the trap of a person and P.W. 3 and one Adhinarayanan were deputed to C.B.I. Office. They were introduced to P.W. 1 and in the presence of P.Ws. 1 and 3, P.W. 6 demonstrated how the phonopthalone powder, when dipped in sodium carbonate solution, changed the colour and prepared a Mahazar Ex. 1.4 for the demonstration. He also prepared the currency numbers of M. O. 1 series in Ex. P. 4. Mahazar. Phenopthalene powder was applied in M.O. series currency notes and was handed over to P.W. 1 by P.W. 6 with direction to hand over this currency to the accused only if he demanded and thereafter make a signal to him if the amount was paid. P.W. 6 also handed over the application from Ex. P. 2 to P.W. 1 for the job . P.Ws. 1 and 3, Adhinarayana and the police party went in a van to Ayanavaram Joint Office and P.Ws. 1 and 3 were asked to go and meet the accused first. They both went to the house of the accused at about 5.30 p.m. and when accused was informed through his wife about their arrival, the accused came to receive P.Ws. 1 and 3. P.W. 1 told him that he had brought the cash and also the application form the job. The accused asked whether he has brought atleast Rs. 1,000. P. W. 1 paid the cash M. O. 1 series and the application form Ex. P. 2. The accused receiving the cash M.O. 1 series and application form Ex. P. 2 kept them within his letter pad kept on the table. P.W. 1, came out and gave Signal to P. W. 6, who entered into the house of the accused and revealing his identity, questioned him whether he received the cash from P.W. 1. The accused got porploxod and did not answer. Immediately he prepared sodium carbonate solution and asked the accused to dip his fingers into that and when the accused dipped his fingers, it turned to Pink colour. He collected that in two bottles M.Os. 3 and 4. He asked the accused to handover the cash Rs. 1,000 received from P.W. 1. The accused opening the letter pad M.O. 2 took out the M.O. 1 series cash and handed over to P.W. 6. P.W. 6 prepared a Mahazar for the seizure of M.O. 1 cash and also the sodium carbonate solution M.Os. 3 and 4 under Ex. P. 5. M.Os. 3 and 4 were sealed with the key that was possessed by P.W. 3. The sample seals are Exs. P. 6 and P. 7. The Inspector seized the letter pad of the accused M.O. 2. He brought the accused to his office and registered the case against the accused and prepared the First Information Report Ex. P. 12. He obtained the sanction Ex. P. 8 from the Chief Medical Officer P.W. 4 to prosecute the accused. P.W. 7 took up the investigation and filed the charge-sheet against the accused.

(3.) After the evidence was over, the accused was questioned under Section 313, Code of Criminal Procedure to explain the incriminating circumstances found against him in the evidence of the prosecution witnesses. The accused said that P.W. 1 came with one Ramasoshiah, who is also employed in his office, that on the request of Ramaseshiah, he prepared an application form for P.W. 1 but he never demanded money from him. He has also stated that as he wanted to contest the post of Director of the Credit Society against one Madhavan, who did not like it, he had set up one Ramaseshiah to implicate him in this offence to avoid the contest against him, and that when P.W. 1 offered him the cash for securing the job, he rejected it and pushed the cash from the table and the cash was recovered only from the table where the cash was left against his will. He also examined two witnesses on his side, D.Ws. 1, and 2. D.W. l, who is the brother of D.W. l, has stated that Ramaseshiah was arranging to realise the illegal gratification which he and some others had paid to one Rajarathnam of I.O.W. D.W. 2 has stated about the warning given by Madhavan against this accused for contesting the Railway Co-operative Credit Society.