VEDAGIRI Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused, who has come forward with this appeal challenging his conviction and sentence passed by the learned Additional District Judge, Chengalpattu, in Special Case No. 1 of 1995, dated 14.9.1998 convict the appellant for the offences under Sections 7, 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, (hereinafter referred to as P.C. Act, 1988) and Section 224 I.P.C. and sentencing him to undergo two years R.I. and imposing a fine of Rs.2000/- in default to undergo six months R.I. for the offence under Section 7 of the P.C. Act, sentencing him to undergo two years R.I and imposing a fine of Rs.2000/- in default to undergo six months R.I. for the offence under Sections 13(2) read with Section 13 (1) (d) of the P.C. Act, and sentencing him to undergo six months R.I. and imposing a fine of Rs.2000/- in default to undergo 15 days R.I. for the offence under Section 224 I.P.C. THE learned Trial Judge ordered sentences to run concurrently.

(2.) THE accused faced the trial under the following backdrop. (a)At the time of occurrence, the accused was working as Head Constable attached to Poonamallee Police Station. P.W.2 was owning two lorries bearing registration Nos. TAH 9799 and TN 09 D 5009, which were used fro giving on hire. On 24.3.1994, one of his lorries bearing registration No. TAH 9799 met with an accident, in which a small by died. THE said lorry was driven by his driver P.W.12. On receipt of the information about the accident P.W.2 went to the scene of occurrence along with is fried P.W.4 At that time, the accused Head Constable was preparing a rough sketch. P.W.2 introduced himself that he was the owner of the lorry. THE lorry driver P.W. 12 was not present at the scene. THE accused instructed P.W.2 to bring the lorry to the police station and his lorry was driven by his friend P.W.4 to the Poonamallee Police Station. THE accused, thereafter, instructed P.W.2 to bring the reconsolidating to lorry and driving licence of the driver. At 9.00 p.m. on that day, P.W.12 driver went to the house of P.W.2 and stated that as he frightened, he ran away from the scene. (b)On the next day at 7.00 p.m. P.W.12 brought driving licence. THEreafter P.W.2 along with his driver P.W.12 and his friend P.W.4 went to the Poonamallee Police Station at 9.00 a.m. and handed over the records including the driving licence of the driver. By giving a chit, the accused asked P.W.2 to go to Motor vehicles Inspectors office at Meenambakkam for an examination of the vehicle. P.Ws. 2 and 4 took the lorry to Meenambakkam Motor Vehicle. Inspectors? Office. After examining the lorry, the Motor Vehicles Inspector gave a report, which was handed over by P.W.2 to the accused at the police station. When P.W.2 asked the accused to take the lorry, the accused instructed P.W.2, the lorry will be returned only after an eye-check-up of the driver of the lorry and asked him to come on 24.6.2006 (c)P.W.2 went along with his friend P.W.4 on 26.3.1994 at 3.00 p.m. to the police station and met the accused. THE accused informed P.W.2 that the Deputy Superintendent of Police was present in the police station and asked him to come after some time. At 9.00 p.m. the D.S.P. left the police station and thereafter, P.W.2 went inside the police station and asked the accused to release the lorry. At that time, the accused demanded Rs.2000/- for releasing the lorry and the driver. On request, the accused ultimately reduced to Rs.500/- P.W.2 informed the accused that he would give the amount on 28.3.1994 and accepting the same, the accused allowed him to take the lorry from the police station. P.W.2 and his friend P.W.4 executed a bond for the release of the driver. (d)As P.W.2 was not inclined to give such amount as bribe, on 28.3.1994, he informed his friend P.W.4 about the demand made by the accused and asked him to write a report. P.W.5 prepared a report which was signed by P.W.2. P.W.2 gave the report Ex.P.2 to P.W.20 Inspector of Police, Anti Corruption Wing Kanchepuram. On receipt of the report, Ex.P.2 at 3.00 p.m. on 28.3.1994, P.W.20 registered a case in Cr. No. 1/AC/94/CH under Section 7 of the P.C. Act, Ex.P.20 is the F.I.R. (e)P.W.20 took up the investigation in this case and summoned two official witnesses, namely, P.W.4 and another. P.W.3 was working in the Office of the Deputy Director, Handloom Department at Kancheepuram. P.W.20 introduced P.W.3 and another official witness to P.W.2 and also gave the report Ex.P.2 to the said official witnesses to lead and they came to know the case by enquiring P.W.2. P.W.20 thereafter, demonstrated the phenolphthalein test to P.W.2, P.W.3 and another official witness, after receiving Rs.500/- form P.W.2 in the denomination of ten fifty rupee notes. A mahazar under Ex.P.4 was prepared in respect of the proceedings held at the office of P.W.20, which was signed by P.Ws. 2, 3 and others. At 6.00 p.m. P.W.20 left along with the raiding party including P.Ws.2 and 3 to Poonamallee police station and reached near the Poonamalle police station at 7.30 p.m. and stopped the vehicle even before the police station and instructed P.Ws. 2 and 3 to go and meet the accused inside the police station. Further P.W.20 instructed P.W.2 to hand over money only in the event of the accused demanding the same. (f)P.W.2 and 3 went inside the police station at 8.00 p.m. and met the accused P.W.2 asked the accused to return all the records, however, the accused told P.W.2 that as the Inspector returned from leave, he handed over the records to the Inspector and asked P.W.2 to come on the next day at 10.00 a.m. But when P.W.2 demanded R.C. Book and insurance certificate to pay motor vehicle tax, the accused asked the money as demanded by him. When P.W.2 about to take the money from his shirt pocket, the accused asked P.W.2 to wait and after finishing his writing work, he called P.Ws.2 and 3 for taking tea outside. THEreafter the accused P.Ws. 2 and 3 came out of the police station for taking tea. (g)While they were taking tea in K.R.G. Canteen opposite to the police station near Sundar THEatre, the accused asked P.W.2 about P.W.3 and P.W.2 told that P.W.3 was his friend and he was working in Hindustan Motor Company at Tiruvallur and the accused also asked P.W.2 how did he come to the police station with his friend and P.W.2 told that they came by auto. After taking tea, when P.W.2 told the accused that the is leaving, the accused demanded the amount. P.W.2 took the amount, namely fifty rupee notes ten (M.O.3 series), from his shirt pocket and handed over it to the accused, who in turn took his blue colour handkerchief (M.O.8) from his pant pocket and received the amount in his handkerchief and put the handkerchief with the amount in his handkerchief and put the handkerchief with the amount in his pant pocket. THEreafter when P.W.2 asked about the records, the accused informed him that he had already handed over the records from the Inspector. THEreafter while the accused was proceeding towards the police station, at about 8.15 p.m. P.W.2 gave the pre-arranged signal by lighting a cigarette. P.W.3 was closely following the accused. On seeing the pre-arranged signal, when P.W.20 Inspector of Police rushed to the spot along with has raiding party, on seeing them, the accused started to run. However, he was caught hold of by P.W.20 and has party and the accused was made to sit in front of the house of P.W.2, who is an advocate. THEreafter P.W.2 identified the accused, THEn, P.W.20 asked P.W.2 to come to Kancheepuram on the next day. (h)P.W.20 thereafter conducted phenolphthalein test and the accused dipped his fingers into the solution, the solution turned into pink colour. When P.W.20 asked about the bribe amount, the accused stated that he has not received any bribe. After repeated questioning the accused took out the currency notes from has shirt pocket and pant pocket as well, which were totalling Rs.1350/-. As the said amount was not related to bribe amount, P.W.20 proceeded to enquire further and lastly the accused admitted the receipt of the amount from P.W.2. THE accused informed P.W.20 that he has given the said amount to P.W.2, who is running a bunk shop. P.W.20 summoned P.W.7 thought the constables and thereafter, conducted phenolphthalein test by asking P.W.7 to dip his fingers in the solution and the solution turned into pink colour. While P.W.7 was questioned about the amount, he stated that the accused handed over the amount and asked him to count and after counting, he returned the amount to the accused. P.W.20 again enquired the accused about the amount. THE accused told him that he threw away the amount with the handkerchief while he was chased by P.W.20 and others. THEreafter P.W.20 searched for the amount along with other witnesses and found the handkerchief in the midst of plantain trees inside the compound of the house of P.W.6. THEreafter he recovered the handkerchief (M.O.8) along with the currency notes (M.O.3) series. (i)THEreafter P.W.20 subjected the currency notes (M.O.3 series) and handkerchief (M.O.8) as well to phenolphthalein test which also proved positive by turning the colour of the solution into pink. THEreafter he has sealed the bottles containing solutions (M.Os. 4 to 7 and 9) and also sealed M.O.3 series and M.O.8. P.W.20 also recovered the amount produced by the accused, namely, Rs.135/- and prepared a mahazar Ex.P.6 in respect of the above said trap proceedings. (j)When P.W. 20 asked about the records relating to the lorry of P.W.2, the accused told that he kept those documents in the police station. THErefore, the accused was taken to the Poonammallee police station and the accused produced the file in Cr.No. 384 of 1994 relating to a case registered under Section 279 and 304 (A) I.P.C. in respecting of the accident in which the lorry of P.W.2 involved. THE accused also informed P.W.20 that he has handed over Insurance Certificate (M.O.1) R.C. Book and driving licence to the Inspector of Police P.W.19. THEreafter P.W.20 recovered those documents from P.W.19. P.W.20 also recovered General Dairy (Ex.P.10), Para Transfer Book (Ex.P.11), Prisoners Inspection Register (Ex.P.12) and prepared a rough sketch (Ex.P.21). P.W.20, thereafter searched the house of the accused and no incriminating documents or materials, were recovered from he house of the accused. THEreafter, he brought the accused to the Vigilance Office at 3.30 a.m. on 29.3.1994 and released him on bail at 4.30 a.m. He has sent the recovered materials through Form - 95 to the Court with a requisition (Ex.P.15) for chemical examination. (k)THEreafter P.W.2, took up the case from P.W.20 for further investigating and verified the materials already collected by P.W.20 and examined the witnessed and recorded their statements. He has prepared a final report and sent the same to the Director of Vigilance and Anti-Corruption, Chennai. After receiving the sanction order under Ex.P.1 and after examining P.W.1 Assistant Commissioner of Police, who has accorded sanction to initiate criminal prosecution against the accused, and completing the investigation, he field the charge sheet against the accused on 9.1.1995.

(3.) WHEN the accused was questioned under Section 313(1)(b) Cr. P.C. in respect of the incriminating materials appearing against him, from the evidence adduced by the prosecution, the accused denied each and every circumstances as false and contrary to the facts. He has not chosen to examine any witness but he has marked Ex.D1, which is an acknowledgment for getting back the lorry from the Police station.