S V KAMESWAR RAO Vs. STATE A C B POLICE KARNOOL DISTRICT ANDHRA PRADESH
LAWS(SC)-1990-11-45
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on November 30,1990

S.V.KAMESWAR RAO Appellant
VERSUS
STATE (A.C B.POLICE KARNOOL DISTRICT,ANDHRA PRADESH) Respondents


Referred Judgements :-

P S R SADHANANTHAM VS. ARUNACHALAM [DISTINGUISHED]



Cited Judgements :-

RAM PIARA VS. STATE OF PUNJAB [LAWS(P&H)-2014-8-216] [REFERRED TO]
GIRISHBHAI VALLABHBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-173] [REFERRED TO]
SHANKAR PRASAD GHOSH VS. STATE OF BIHAR [LAWS(SC)-2008-6-8] [REFERRED TO]
HARI PRASAD CHHAPOLIA VS. UNION OF INDIA [LAWS(SC)-2008-6-3] [REFERRED TO]
RANDHIR SINGH VS. C.B.I. [LAWS(DLH)-2015-9-119] [REFERRED TO]
SUBHASH CHANDER VS. STATE OF PUNJAB [LAWS(P&H)-2013-9-804] [REFERRED]
KISHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-3-235] [REFERRED]
LADHA SINGH VS. STATE OF HARYANA [LAWS(P&H)-2012-11-166] [REFERRED]
HARCHARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-11-485] [REFERRED]


JUDGEMENT

- (1.)This appeal by special leave is directed against the judgment made in Criminal Appeal No. 461 / 78 on the file of the High Court of Andhra Pradesh. The facts material for the purpose of this appeal may, however, be briefly indicated.
(2.)The first appellant was working as a Forest Ranger in Adoni Range from 20-7-1973 whilst the second appellant was working as a Forester in the same range from 24-10-1973. PW-1 was a Forest Guard in Iswi Beat comprised in Adoni Range from November 1972. In 1975 the appellant summoned PW-1 to the Range Office and instructed him to permit grazing of goats in his beat and to collect mamools (bribe amount) from the owners thereof and pay a sum of Rs. 200 to the first appellant and Rs. 100/ - to the second appellant every month. Though PW-1 pleaded his inability to comply with the demand of the appellants, the appellants, however, insisted on collection of mamools from the owners of goats and also threatened PW-1 stating that an adverse report for his premature retirement would be sent against him, if he failed to comply with their demand. Helpless as he was, PW-1 colleced mamools and paid the amounts to the appellants demanded by them for four months i.e. from June to September 1975. When PW-1 again pleaded his inability to collect mamools any longer, the appellants got angry and insisted him to continue the practice. Therefore, on 4-10-1975 PW-1 met PW-6, the Inspector of Anti Corruption Bureau, Karnool and presented a complaint (Ex.PI) setting out his grievance against the appellants. As advised by PW-6 on 8-10-1975 PW-1 met PW-6 at Adoni and complained to him about the incident and lodged another complaint (Ex.P2). PW-6 in turn handed over EX.PI and P2 to PW-5, the then D.S.P., A.C.B., Karnool. PW-5 registered the complaints as Crime Nos. 8 and 7 of A. C.B. Karnool Range. Ex.P6 is the First Information Report. As instructed by PW-5, PW- 1 met PWs 5 and 6 in the Municipal Travellers' Bungalow at Adoni. In the meantime, PW-5 secured two witnesses of whom PW-3, former Sub-Registrar of Adoni was one. PW- 1 produced before PW-5 two currency notes of the denomination of Rs. 100 / - each (MOs 1 and 2) and one currency note of Rs. 20/- (MO 3) and 8 currency notes of the denomination of Rs. 10/- each (MOs 4 to 11) and informed PW-5 that he would hand over MOs 1 and 2 to the first appellant, MOs 3 to 11 to the second appellant. PW-5 after explaining to PW-1, PW-3 and other witnesses about the use of phenolphthalein and sodium carbonate carried by him and making demonstration of the same, applied phenolphthalein powder to MOs 1 to 11, instructed PW-1 to pass on the currency notes to the appellants and asked him to give the signal in case the appellants had had received the amount. Accordingly, PW- 1 met both the appellants who asked him as to whether he had brought the money. Immediately, PW-1 gave MOs 1 and 2 to the first appellant and MOs 3 to 11 to the second appellant. Both the appellants received that amount and kept them in their respective shirt pockets. As prearranged, PW-1 gave the signal. Immediately PW-5 rushed to the office with the witnesses and recovered the amount from the shirt pockets of the respective appellants after conducting the required phenophthalein test. The appellants on being questioned stated that PW-1 had repaid only the hand loans which they had advanced earlier. PW-5 arrested both the appellants and examined PWs 1 and 3. After completing the investigation and obtaining the requisite sanction order Ex.P5 from the Chief Conservator of Forests PW-6 filed the chargesheet against both the appellants on 17-4-1976.
(3.)The appellants when examined under S.313, Cr. P.C. denied of having received any amounts of bribe from PW-1 and both appellants explained that PW-1 returned only the hand loans received from them. Further, the first appellant stated that he found fault with PW-1 for indulging in malpractices and also for levelling false allegations against the second appellant and that he himself had sent up an adverse confidential report against PW 1 for the year 1975. On the defence side, D.Ws. 1 to 5 were examined of whom DW-2 who was the village Munsif of Iswi, deposed that he along with the appellants visited the village in September and October 1975 and came to know from the ryots about PW-1 collecting money and that the, appellants warned that PW-1 would be removed from the service if he continued to do so and also requested the ryots not to pay any money to PW-1 who thereupon took strong objection to the warning of the appellants. Both the Courts discarding the evidence of the defence witnesses and accepting the evidence of the prosecution witnesses negatived the defence and held that the prosecution has made out the case. The High Court while confirming the judgment of the trial Court observed:
"In the light of the conclusions reached by me, it is not necessary to rely upon the presumption enacted in Section 4 (1) of the Prevention of Corruption Act in respect of the offence punishable tinder Section 161 of the Indian Penal Code."

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.