KURSHEED KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant is the accused in C.C.No. 38/1976 on the file of the Special Judge for SPE and ACB Cases, Hyderabad. He was convicted under Section ioi I.P.C., and under Section 5 (1) (a) read with 5 (2) of the Prevention of Corruption Act and sentenced to rigorous imprisonment tor one year under the first count and rigorous imprisonments for one year and to pay a fine ot Rs.500/- and in default of payment of fine, to suffer simple imprisonment for three months under the second count. The substantial sentences of imprisonment are directed to run concurrently.

(2.) For the convenience sake, the parties will be referred to as arrayed C.C. No. 38/1976. The accused was working as Sub Inspector, Anti Smuggling Squad in the year 1974. One P. Chalapathi Rao (P.W. 7) was arrested on 29-6-1974 under the Maintenance of Internal Security Act (Hereinafter referred to, as "MISA") on the allegation that he was smuggling goods. PW 7. is the son-in-law of P.W. 1's brother-in-law. Two or three days after P.W.7's arrest, P.W. 1 went to Bodhan to obtain certified copies of the documents in cases that were pending in the court against P.W. 7 as he wanted to file a writ petition challenging his detention. P.W.2 who is the nephew of P.W.I and brotner m-law of P.W.7 also accompanied him. The accused met P.Ws.1 and 2 at the bus stand of Bodhan and threatened that he would include their names in the MISA list and send them to jail unless they would pay Rs. 3,000/- to him. Then P.W.1 told him that they cannot pay so mucn and that they would pay him Rs. 1000/- at the rate of Rs. 500/- each. Then the accused agreed for the same and asked them when they would pay P.W.1 told him that he would pay in a week or ten days. P.W.1 after coming home informed the same to the ladies. Then the ladies told P.W.5 who is the elder brother of P.W.I and who is a retired teacher that P.W. 1 was going to be detained by the accused under MlSA unless he would pay Rs. 500/- to him and they asked P.W. 5 whether he had money. After a week or ten days P.Ws.1 and 2 came to Hyderabad in connection with P.W.7's case and hence,they could not meet the accused, within the time promised. Then they came back to Bodhan, where P.W.6, the son-inlaw of PW1. was staying. PW5 was in the house of P.W.6 at the time when PWsl and 2 returned to the house of PW6. Then PW5 asked PW1 whether it was true that the accused demanded him to pay Rs. 500/- for not arresting him under MISA. PW 1 told him in the affirmative. Then PW5 told him that he brought Rs. 500/- so that he can give that amount to the accused and he gave that amount to PW1. Then PWI, PW5 and PW6 went together to the house of the accused at Bodhan. PW5 and PW6 remained outside, while PWI went inside the house of the accused and paid the amount of Rs, 500/- to the accused. Then the accused asked PWI about the balance. PWI told him that he would pay him in a week.

(3.) On 3-12-1974 PWs 1 and 2 went to Bodban. Then the accused met them at Ramesh Tailoring shop. The accused asked PWI as to why be did not brirg the balance. PWI told him that he would pay him on 8th and asked him to come to his (PW 1's) house at Adakaspalli which is about 10 to 13 miles from Bodhan. The accused told them that he would come to his village. After attending to their work at Bodhan, PWsl and 2 came to Hyderabad and went to ACB office at about 3 or 4 PM and met the Deputy Superintendent of Police, ACB Hyderabad (PW 14) and complained to him against the accused. PW 14 asked PWI to give it in writing. PW 1 prepared Ex. P1 and presented It to PW 14. He also informed PW 14 that he asked the accused to come to his house at Adakaspalli on 8th and requested PW 14 to come there. PW 14 registered Ex. PI as Crime. No. 4/ACB-HR/74 dated. 6-12-1974 and obtained permission from the Director, ACB for laying trap. On 8th PW 14 started from Hyderabad to proceed to Adakaspalli having secured the presence of PW3 and Yusuf Sheriff. After reaching the house of PWI, PW 14 introduced PWI, PW2 and PWS and another mediator. Then he asked PW3 to read out Ex. P1. After PW3 read out Ex.P1, PWI confirmed the report. Then PWI produced five currency notes of hundred rupee denomination which were Intended to be given to the accused One of the Inspectors who came with PW 14 treated the currency notes with Phenolphthalein powder and the significance of it was demonstrated to the mediators and PW 1. PW 14 instructed PWI to give the notes to the accused on his demand. PW 14 also instructed PWI to give a signal in case the accused received the amount. A panchanama Ex. P.2 was prepared incorporating all these facts and also the numbers of the currency notes. The panchanama is Ex. P2. PW14 laid in wait along with his party in a thatched house situated in the compound of P.W.1. But the accused did not come to the house of P.W. 1 on that day. P.W. 1's son, VenkatakrishnaRao (P.W.4) met the accused at Munsif Magistrate's court, Bodhan. Then the accused told him that he was not coming to his village on that day and asked him to tell his father that he should come and meet him at Bodhan on the next day morning. P.W.4 went to Adakaspalli and conveyed to P.W.. as to what the accused told him. P.W.1 informed P.W. 14 the message communicated to him by the accused. P.W. 14 enquired P W 4 about the same and he confirmed it. Then P.W.14 and his party took P Ws 1,2 and 4 along with them and went in a jeep to Ruddalur Farm. There they stayed for the night. On the next morning P.W. 4 verified currency notes and they treated them with some more phenolphthalein powder. They all proceeded to Bodhan in a Jeep. At a distance of about one furlong from Bodban, P.Ws 1, 2 and 4 got down from the Jeep while P.W. 14 and his party proceeded to the Magistrate's Court. P.Ws 1, 2 and 4 went to the house of the accused. But the accused was not available. Then they searched for the accused P.W. 4 met the accused at the bus stand and told him that P.W. 1 had come to Bodhan and enquired the accused when P.W. 1 should meet him and then the accused told him that he would wait at Ramesh Tailoring Shop for P.W. 1. P.W. 4 came to P.Ws 1 and 2 and told them as to what the accused informed him. P.W. 1 told P.W. 14 all this. P Ws 1 and 2 proceeded by walk to Ramesh Tailoring Shop, at about 8-30 A.M. P W 14 and his party followed them, stayed at some distance. At about 9 10 A.M., P Ws 1 and 2 entered the shop. Within five minutes P.W. 1 came out and gave the pre-arranged signal, by lighting a cigarette. P.W.14, his party including the mediators rushed into the shop. They found the accused by the side of a wooden almirah in the Tailoring shop P.W.14 disclosed his identity and the identities of others. He got sodium carbonate solution prepared and asked the accused to put his fingers in that solution. The solution turned pink. Then P.W.14 asked the accused to hand over the currency notes given by P.W. 1. The accused took out those currency notes from the hip pocket of his trousers and produced them on the table. One of the mediators verified the numbers noted in the panchanama Ex.P.2; sodium carbonate solution was again put in another glass tumbler and the hip pocket of the accused's trousers was subjected to test. The solution turned pink. Then P.W. 14 seized the notes MOs 1 to 5 and the pant M.O. 6 under panchanama Ex P. 3. P.W. 14 arrested the accused and released on bail. He examined P.Ws 1, 2 and 4. On 11-12-1974 he sent the propsrty and the panchanama to the court and later filed the charge sheet against the accused,