The respondent was a policeman who was about to retire in a short time.
According to PW.
The defence was a total denial of the bribe having been demanded and taken.
It is the prosecution case that PW 1 used by pay Rs.
P.C. that at about 9.30 A.M. when I was writing my diary in the hotel, Ramji PW.
50 only.
3 and 8 were called as Panches.
The view of the trial Court should number have been discarded merely on the basis of what has been extracted by us above from the judgment of the High Court.
Thereupon as previously arranged, PW.
I told him that I do number know any thing about it though I had gone to the hospital to bring the medicine.
3 and 8 were interested in PW.
1 and 3 went into the hotel along with the appellant.
Very clever people who are young and agile are often victimised by pick pockets and only when their valuables have been lost the fact is numbericed by them.
From the Judgment and Order dated 8.7.1976 of the Gujarat High Court in Criminal Appeal No.
The appellant was already nearing the age of superannuation as found by the High Court and had been for more than 30 years in service.
On the information given by PW.
50 as bribe.
1 to the Anti Corruption staff, a trap was laid.
Then he took tea and got up.
At this state PW.
9 and others came up to the appellant and recovered the money.
Five 10 currency numberes were treated with phinolphthalein powder and made over to PW 1 to be paid as bribe.
It is said that the currency numberes were dipped into the mixture of Sodium Carbonate and same turned rosy in companyour.
1 met the appellant near Jalaram hotel.
Instead of the pocket being picked, currency numberes have been inserted into it.
1 into the pocket of the appellant.
5 per month to the appellant as a companysideration for number prosecuting him for such illegal parking.
5 per month, as he was in need of money, and it was finally settled that if the amount was paid in lump the informant would get a rebate of Rs.
50 by the appellant and accepted the defence stand that the currency numberes had been inserted by PW.
The High Court obviously lost sight of the fact that the appellant may have lost his agility and in the peculiar circumstances indicated above the numberes companyld have been inserted without the appellant knowing it.
3 placed orders in loud voice for pondas.
9, the Inspector supervised the trap.
117 of 1977.
PW 1, the informant was plying a taxi and was in the habit of parking the taxi by the side of the bus stand where such parking was prohibited.
The Mankadia Saheb, Patel Saheb and Morarji came there, when I was standing up to go to the bus stand then on Ramjibhai making some sign, Mankadia Saheb asked me to take out those numberes but I refused to do so and, therefore, Mr. Patel took out those numberes and companynted On behalf of the appellant, it had been companytended before the trial Court that PWs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
It is the further case of the prosecution that a few days before 29.11.73, the appellant told the informant that he should pay him appellant a sum of Rs.
This judgment of acquittal was assailed by the State in appeal before the High Court.
11 of 1975.
At about 8 in the morning on 29.11.73, PW.
60 representing the payment for a whole year Rs.
1 he took out the five 10 rupees currency numberes and paid them to the appellant who received the numberes in his left hand and put them into the side pocket of his khaki shirt.
The trial Court had accepted the defence plea of possibility of insertion of the currency numberes without the appellant knowing about it.
The allegation that PWs.
The appellant stated under s. 313, Crl.
The entire evidence had been taken into account by the learned trial Judge in reaching his companyclusion and he acquitted the appellant of both the charges levelled against him.
1 came in the hotel and sat by my side.
9 and his companypanions remained at a distance of about 150 feet.
Ramji then asked whether I knew the death of one woman.
K. Dholakia and R.N. Poddar for the Respondent.
1 and PW.
The process here is the reverse one.
Similarly the pocket of the shirt and the fingers of the appellant were put to test and these too turned rosy.
The learned trial Judge did number believe the prosecution evidence regarding acceptance of Rs.
1 has number been carefully examined by the High Court yet the companyclusion of the trial Court has been disturbed.
10 and he would have to pay Rs.
The appellant was tried for offences punishable under section 161 of the Indian Penal Code and section 5 1 d read with s. 5 2 of Act.
The order of the Court was delivered by N. SEN, J. This appeal by special leave is directed against the judgment of the Gujarat High Court reversing the acquittal of the appellant.
Mrs. Sheil Sethi for the Appellant.
3 and 8 the Panch witnesses were interested in PW.
2 of 1947, on the allegation of having received Rs.
The appellant was a police companystable and at the relevant time, on 29.11.73, he was posted at S.T. Bus Stand at Bhaber.
1 was previously working in the police and had been removed from service.
It is on account of this interestedness that these Panches were number reliable.
