N M RAJENDRAN Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the convicted accused, who was the Sub Inspector of Police (Crimes) attached to Saidapet Police Station, Challenging the correctness and validity of the con viction and sentence recorded by the learned Ses sions Judge, Madras Division in C.C. No. 1 of 1991 on 18-12-1992 for the offences under Sections 384 of the Indian Penal Code, Sections 7, 13 (2) read with 13(1)(d)(i)(ii) of the Prevention of Corruption Act and whereupon sentenced to rigorous imprison ment for a period of six months under Section 384, I.P.C., rigorous imprisonment for a period of one year and a fine of Rs. 500.00 in default to undergo rigorous imprisonment for a period of three months under Section 13(2) read with 13(1)(d) (i)(ii) of the Prevention of Corruption Act. However, no separate sentence was imposed for the offence under Section 7 of the Prevention of Corruption Act and the sentences were ordered to run concurrently.

(2.) During March 1990 P.W. 2 having a shop at Burma Bazaar in Madras City engaged in the busi ness of fancy goods, Video and audio cassettes and so on, was a resident at Door No. 23, Ayyasamy Pillai Lane in Old Washermanpet, Madras. One Babu examined as P.W. 6 and another Nagarajan were the staff working under him in his shop. On the evening of 17-3-1990 at about 4 p.m. when P.W. 2 returned to his shop after his day's napping from his house, he found his shop locked and on enquiry he came to know that the police headed by the appel lant, the Sub Inspector of Police, Saidapet, along with two police Constables came and took them to the Police Station. Therefore P.W. 2 along with his relative by name Rajendran P.W. 3 had been to the station. When enquired in the Police Station, the appellant questioned him and told him that one accused by name Abdul Nazir had informed him that he had sold V.C.R.'s to P.W. 2 and for which, he replied in the negative. Then it was stated that the accused took P.W. 2 and P.W. 3 along with two police Constables to his house and found one V.C.R. kept upon the T. V. and took it away to the Police Station along with then, Having kept the said V.C.R. in the Police Station. It was alleged that the appellant had demanded a further sum of Rs. 3,000.00 for leaving P.W. 2 without any case. As P.W. 2 was not inclined to, he was threatened by the appellant. However, he had given an ultimatum to P.W. 2 that he should bring and pay sum of Rs. 1,500.00 on or before 7 p.m. on 20-3-1990 without fail. Having consented to the said demand, P.W. 2 along with P.W. 3 came to his house and arranged for the said amount with great difficulty.

(3.) As was advised, P.W. 2 having taken money went to the office of the Vigilance and Anti Corrup tion at Madras at about 4 p.m. on 20-3-1990 and where he met P.W. 14, the Deputy Superintendent of Police, Vigilance and Anti Corruption and nar rated the whole story that had happened, which was followed by the summoning of P.W. 16, Inspector of Police by name Vivekanandan by P.W. 14 and was directed to take the complaint in writing to the narration of W. 2 and accordingly it was done and that has been marked as Ex. P. 2 signed by P.W. 2, and attested by P.W. 3, As was instructed, both P.W. 2 and P.W. 3, were away for a little and back to the office at 5 p.m. on that day. At that time, P.W. 16 introduced P.W. 4 and P.W. 5 the independent witnesses and on enquiry made by them, he had narrated the whole thing happened so far. Then P.W. 16 brought two glass tumblers and water and asked P.W. 2 and other witnesses to count the currency notes brought by P.W. 2 with fingers and asked P.W. 2 and witnesses to soak their hands in the glass tumblers and it was found that the colour of the water did not change. Thereafter phenolphalein pow der was spread over the 15 currency notes above referred and a chemical of sodium carbonate was mixed in the water of the said two tumblers and then again counting was made and test was conducted, the colour of the water turned pink. Then P.W. 16 gave instructions to P.W. 2 as to how, he should act thereafter. Accordingly P.W. 2 received all the 15 currencies of hundred rupee denominations after preparing and signing of a mahazar attested by P.W. 4 and 5. On instruction, P.W. 2 and P.W. 3 reached the Saidapet Police Station, in his motor cycle fol lowed by P.W. 16 along with P.W. 4 and 5 and other Police Constables in a jeep. When P.W. 2 reached the Police Station, the appellant/accused instructed him to go and wait for him in the Air Conditioned room of the Metro Hotel. Accordingly, he returned to the place pointed out by the appellant/Accused followed by P.W. 16 and his party.