S KRISHNAMURTHY Vs. STATE

JUDGEMENT

(1.) THE appellant was tried by the Special Judge, Madras, for offences Under Section 161 IPC and Section 5 (i) (d) read with Section 5 (a) of Act II of 1947, and convicted. He was sentenced to imprisonment till the rising of the court and a fine of Rs. 300

(2.) THE prosecution case may be briefly stated as follows: The appellant was a clerk employed in the Records Section of the Chief Engineer's office, Southern railway P. W. 2, Kulasekhariin, a young man of 22 years is said to have been trying for a job. Having heard that there was recruitment for the post of Khalasi in the General Mechanical department of the Southern Railway, he is said to have gone to that office for the purpose of getting the necessary information and applying for the? post. P. W. 2 is a stranger to the accused. But when he went to the office is said to have been seen by the accused in (he office. The accused came out immediately on seeing P. W. 2 and asked him what he wanted. P. VV 2 told him that he was in need of a job and Immediately the accused told him to come to his house that evening and gave him his address. But P. W. 2 did not meet the accused that evening in his house as he says that he sustained an injury while playing football. Three days later on 27th he went to the house of tins accused. Then the accused is said to have given him a draft application asking him to make out such an application in his own hand-writing. The accused also asked P. W. 2 to bring his S. S. L. C. book. More than all these he demanded from P. W. 2 Rs, 50 to try for the job. P. W. 2 is stated to have pleaded poverty and finally the bargain was struck at Rs. 30.

(3.) P. W. 2 is said to have taken Rs. 30 from his father the next day. He also said to have written a fair application Ex. P. 4. But suddenly he realised that it wag wrong and virtuous sentiments overtook him all of a sudden and he decided that ha should not pay a bribe and get a job. He immediately went to the special police establishment after hearing that there was such a department constituted by the Government, to detect offences" of this type, and Rave information to them. The officer who was naturally on the look out for such culprits, took a written complaint and asked him whether he brought the money and when P. W. 3 showed him the 30 Rupees, the officer noted down the numbers of the currency notes in a paper and jjot P. Ws. 3 and 4 to attest the same. Then he is said to have given the modus operandi, as to how P. W. 2 should pay the money and where they would wait. The next day. in accordance with the directions given by the police, P. W. 2 went to the house; of the accused for the purpose of paying the money but the accused was not in his house. The police officers asked P. W. 2 to wait till the accused returned home. The accused returned home at 9 p. m. After a little while he came out wearing only a banian and made enquiries of P. W. 2. P. W. 2 gave the application form and Rs. 30 to the accused. All this happened while they were walking to gether leaving the house. After getting the money the accused is said to have promised to get P. W. 2 the job. In the meantime P. W. 2 informed the police officer of the payment of the money to the accused. The police officers went past the accused and stopped him. On being questioned, the accused at first denied but subsequently took out the application form and Rs. 30 from inside his banian. The witnesses whom the officer took, attested the mahazar. After further investigation the accused was charge-sheeted for the offences mentioned above. There can be no doubt that this Rs. 30 was recovered from the accused under the circumstances mentioned by prosecution witnesses, that is, P. W. 2 paid Rs. 30 at the place mentioned and they were found inside1 the accused's banian along with the application. But the rest of the story is all a put up one, that is to say. it is not as if on seeing P. W. 2 the accused came Out immediately and that P. W. 2 suddenly became virtuous in his sentiments and wanted to prove to be the right type of citizen. It must all have been arranged by the special police establishment. That the trap was laid an3 the police succeeded in the trap cannot be disputed. The result is that the accused undoubtedly was in possession of Rs. 30 given by P. W. 2, which was certainly given for the purpose of getting a job for P. W. 2 as a khalasi.