K V AYYASWAMY Vs. STATE

JUDGEMENT

(1.) The accused has been charged for offences 1 under section 161 of the Indian Penal Code and section 5 (1)(d) read with section 5 (2) of the Prevention of Corruption Act (II of 1947) (hereinafter called "the Act"). "The Special Judge did not record any finding under section 161 of the Indian Penal Code but convicted the accused under section 5(1) (d) read with section 5 (2) of the Act with the aid of the presumption under section 4(1) of the Act and sentenced him to rigorous imprisonment for one year and a fine of Rs. 100.

(2.) The appellant is an Assistant Draughtsman in the Southern Railway in the Office of the Executive Engineer, Guntakal. P.W.1, C. V. Naidu, had obtained a contract from the Southern Railway for construction of a platform in Gooty, of the value of rupees three lakhs. The accused, who was deputed in the first week of February, 1961, supervised the construction work from 10th April, 1961 to 29th April, 1961. He was relieved on 6th May, 1961 and was working at Guntakal from 9th May, 1961. It is admitted in evidence that between 9th February, 1961 and 9th April, 1961 he was supervising other works. It is the case of the prosecution that this accused along with one K. A. Viswanathan, Assistant Inspector of Works, and one E. O. Mollan, Permanent Way Inspector, were harassing P.W.1, giving him a lot of trouble in his work, and demanding bribes. P.W. 1 having come to know that the Inspector of Police, Special Police Establishment, Hyderabad (P.W. 7) came to Gooty and was staying in the inspection bungalow, went to him on 16th May, 1961 and complained about the demands made by this accused and others and gave a written complaint (Exhibit P-1). P.W. 7 is alleged to have asked P.W. 1 whether he was prepared to give a bribe, and when P.W. 1 said that he was so prepared, P.W. 7 asked P.W. 1 to meet him at 3 A.M. on 17th May, 1961.

(3.) The accused seems to have met P.W. 1 on 16th May, 1961 at 7-30 P.M. on the platform after he return d from Guntakal and demanded Rs.100 towards bibe. P.W. 1 agreed to pay it, and the accused said that he would visit P.W. 1's house at 6 A.M. on 17th May, 1961. According to P.W. 1, Viswanathan, the appellant in Criminal Appeal No. 744 of 1962, also met him earlier on the same day. He (P.W. 1) told Viswansthan that he would pay him the amount the next morning. Viswanathan said that he would come to P.W. 1's house at 5-30 A.M. on 17th May, 1961.