ABDUL QUDDOOS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Special Judge, Anti Corruption Cases, Rajasthan, Jaipur dated 30-6-1976 where by the learned Judge has held the accused-appellant guilty of the offence under section 5 (l) (d) (2) of the Prevention of Corruption Act and section 161 IPC and has sentenced him to two and half years rigorous imprisonment on the first count together with a fine of Rs. 500/- and in default to undergo 5 months rigorous imprisonment and to a sentence of one year's rigorous imprisonment on the second count. Both the substantive sentences were ordered to run concurrently.

(2.) THIS appeal was earlier decided by this Court vide its judgment dated 15-1-1986 but on a petition for special leave filed before their Lordships of the Supreme Court, the judgment of this court was set aside and the case was remanded for re-hearing. Hence this appeal, comes up for decision after re-hearing.

(3.) PW 2 Ram Kishan, PW 4 Mangi Lal, PW 5 Kalyan Singh, PW 6 Jawahar Lal and PW 7 Ram Singh examined by the prosecution have categorically stated that at that time, the Additional S. P. was camping in the Dak Bungalow and the complainant Ram Kishan delivered to him a written report against Shri Abdul Quddoos, SHO Vijay Nagar and in pursuance of that report, certain formalities were observed by the Additional S. P. Anti Corruption. Rs. 75/- were handed over by Ram Kishan to the Additional S. P. in the presence of the witnesses. The Additional S. P. after putting his initials and after completing other necessary formalities adopting a particular procedure handed over those currency notes back to the complainant. All these formalities and procedural requirements have been proved by the witnesses and that aspect of the evidence led by the prosecution has not been disputed on behalf of the accused in cross-examination. PW 3 Ram Kishan has stated that initially, he took the SHO to a Tea-Stall and there, he offered the money to the accused-appellant by saying that he has brought his Amanat On this the accused told him as under: ( - - --) Mr. M. M. Singhvi, the learned counsel appearing for the accused-appellant has submitted that if the accused-appellant has actually demanded the money from the complainant as illegal gratification and when the complainant brought the money with him, there was no reason for him to refuse to accept the money. According to him, even if it is considered that he did not refuse to accept the money and told the complainant that the money will be taken when his bail is taken by the Court then too, it is an admitted case of the prosecution that at that time, the challan was not filed and the accused-persons in the FIR Case No. 67/ 74 were not released on bail and, therefore, there was no occasion for the accused to have demanded the money after he once refused to accept it before bail on that very day when it was offered. According to Mr. Singhvi, it is against human conduct that a man will not accept the money when it is offered in a place where the receiver and giver both are alone and will take it at the time when the receiver is boarding the bus and a lot of persons are there. Thus, the story of demand of illegal gratification made by the SHO from the complainant appears to be a planted story. He has submitted that PW 3 Ram Kishan and PW 5 Kalyan Singh have categorically stated that the illegal gratification was demanded by the accused from Shri Ram Kishan and it was handed over to him when he was boarding the bus. PW 3 Ram Kishan has rather stated that it was handed over to him before he tried to board the bus. PW 3 Ram Kishan has stated that as soon as the notes where handed over to the accused, he gave an agreed sign to the Additional S. P. on which, PW 6 Jawahar Lal and PW 7 Birdhi Chand came running from the Excise Office towards the Bus. Jawaharlal reached earlier than the Additional S. P. PW 3 Ram Kishan has, however, stated that both of them reached the place of the occurrence together and as soon as the Additional S. P. came there, he caught hold of the hands of the accused-appellant near his shoulder and he asked the accused appellant to get down. According to him, by that time, the notes were thrown by the accused-appellant on the ground. It is, therefore, clear from the testimony of PW 3 Ram Kishan that notes were in the hands of the accused till the witnesses arrived there and they were thrown by the accused when his hands were caught either by Jawahar Lal or by the Additional S P. PW 4 Mangi Lal is silent about the handing over of the notes to the accused SHO by the complainant as also about the throwing notes on the ground. He has stated that he could not see this part of the incident. PW 5 Kalyan Singh has, however, stated that as soon as they came out of the gate of the Collectorate, which is a big building in which the Office and the Court of Munsif is situated. PW 3 Ram Kishan was accompanying the accused SHO and he was behind them. The bag of the SHO was in the hands of the complainant. After about 5-7 minutes, bus came there. As soon as the bus came, PW 3 Ramkishan handed over the bag and the money to the SHO. Earlier to this, they were talking but what talk took place between them, he cannot say. Thus, he is not a witness to this effect that the SHO demanded any money from Ram Kishan. He has however, stated that Ram Kishan handed over the money to the SHO and as soon as the money and the bag were handed over to the accused SHO he gave a signal to the Addl. S. P. and on observing that sign, the Addl. S, P. and PW 6 Jawahar Lal came running there but before they could reach there the accused-appellant Abdul Quddoos also reached near the gate of the bus and as soon as he was trying to board the bus, the Addl. S. P. arrived there. He told something to the accused, which he could not hear He saw that the accused has thrown the currency notes on the ground which were collected by one constable of the Excise Department and he gave those notes to the Addl. S. P. Later, the SHO and the Addl. S. P. along with their party went to the Excise Godown, where proceedings were drawn. PW 6 Jawaharlal does not say that the notes were thrown in his presence. PW 8 Ramsingh also does not say that the notes were thrown in his presence, whereas PW 3 Ramkishan and PW 5 Kalyan Singh have stated that the notes were thrown by the accused as soon as his hands were caught by Jawahar Lal or for that matter by Ramsingh.