CROWN PROSECUTOR Vs. RKPILLAI

JUDGEMENT

(1.) These are appeals by the Crown Prosecutor under Section 417, Criminal Procedure Code, from the orders of acquittal passed by the Chief Presidency Magistrate in C.C. Nos. 3397 and 3398 of 1945. In the former case two persons, R.K. Pillai and Jayaram Naidu, were charged with having committed offences under Section 161 read with Section 114, Indian Penal Code and under Rule 38(5) read with Rule 34(6)(c) of the Defence of India Rules and in the latter case, one of these two persons, viz., Jayaram Naidu was charged under the same two provisions. They were acquitted in both the cases in respect of both the counts.

(2.) Although the two cases were tried separately, there is a good deal of common ground between the two and a considerable amount of evidence is also common involving common contentions of fact and of law. It will therefore be convenient to set out generally the facts of the case and the material features and contentions before examining the correctness or otherwise of the Orders of acquittal in each of these cases.

(3.) Jayaram Naidu is a tax collector in the service of the Madras Corporation while R.K. Pillai is employed in the Oriental Lungi Company, which is a company engaged in textile business. Mr. Satyamurthi, who during the relevant period was Personal Assistant to the Provincial Textile Commissioner, Madras was, before he was drafted into that department, an accountant in the office of the Corporation of Madras. Prior to that he was cashier and in that capacity had known Jayaram Naidu. The prosecution case is that on the 27 November, 1945, Jayaram Naidu presented an application on behalf of the Oriental Lungi Company signed by R.K. Pillai to Mr. Satyamurthi in the Textile Commissioner's office. The application was for a special permit to export 18,000 yards of handloom cloth to Calcutta. Jayaram Naidu was then said to have represented to Mr. Satyamurthi that R.K. Pillai was his brother and that as such he was interested in the matter, The application was immediately date-stamped by Mr. Satyamurthi himself and endorsed for report to the Textile Control Officer. Mr. Satyamurthi was admittedly empowered under a standing office order of the Provincial Textile Commissioner, inter alia, to issue permits for the export of cloth " with reference to settled policy or special instructions." On the 28 November, 1945, Jayaram Naidu is said to have gone to the house of Mr. Satyamurthi in the morning Mr. Satyamurthi was then conversing with Mr. Sharma, a friend of his. On seeing Jayaram Naidu at his house, Mr. Satyamurthi told him that he was not in the habit of meeting people who had official business with him at his house and asked Jayaram Naidu to leave the house. Jayaram Naidu is said to have immediately left the place only to turn up again the next morning and this time he was not chased away as on the previous day. He met Mr. Satyamurthi on the 29 November at about 8 a.m. at his house and delivered to him an open cover which was received by Mr. Satyamurthi. Just at that moment, the sound of the horn of a car was heard outside and Mr. Satyamurthi recollecting that Mr. Narasimhan Deputy Secretary to Government had made an appointment with him to discuss about a house required by a relation of his, went out to meet him. As Mr Narasimhan had parked his car too close to his house, Mr. Satyamurthi asked him to move the car away by a few yards. Mr. Narasimhan complied and then Mr. Satyamurthi placed into the hands of Mr. Narasimhan the cover which he had just then received from Jayaram Naidu and asked Mr. Narasimhan to open the cover and see what it contained saying that the cover had been given to him by a visitor just then. Mr. Narasimhan complied and opened the cover and found in it ten currency notes of Rs. 100 each, wrapped in a letter head of Oriental Lungi Company. Mr. Satyamurthi then told Mr. Narasimhan that the visitor had offered the money to him as illegal gratification and asked Mr. Narasimhan to initial the cover. Mr. Narasimhan again complied and gave back the cover after placing his initials on the cover and not on the currency notes. After advising Mr. Satyamurthi to bring the matter to the notice of the Provincial Textile Commissioner, he left the place in his car without endeavouring to see or interview the person who had given the bribe and without discussing the matter of the house about which he had come to meet Mr. Satyamurthi. Mr. Narasimhan evidently took no further interest in the matter.