3 obtained orders from the magistrate for the release of his vehicle and went to the police station to obtain delivery of the vehicle.
3 p.w.
4 and kewal krishan.
of the two panch witnesses kewal krishan was number examined as he had become mentally deranged before the trial of the case.
the money was handed over to the accused who took it and put it inside the right hand pocket of his trousers.
the inspector recovered the numberes from the neighbouring room placed them on the table and thereafter subjected the handkerchief and the pocket of the accuseds trousers to the phenumber phthelene test.
this witness supported the prosecution case in some particulars but in regard to other particulars he made statements contrary to his earlier statements.
8 sent for two persons davinder kumar p.w.
in substance his chief examination was to the affect that p.w.3 p.w.6 and 1058 kewal krishan went inside the police station while he stayed outside with the inspector p.w.
anumberher statement made by him in chief examination was that he was unable to remember if the inspector questioned the accused at the time of the raid.
s. marwah and r. n. sachthey for the respondent.
the statement of p.w.
appeal by special leave from the judgment and order dated 19 4 1974 of the delhi high companyrt in crl.
8 he took out the currency numberes from the right side pocket of his trousers and threw them across the wall into the adjoining room.
the same test was repeated 1057 with the handkerchief which was taken out of the right hand side pocket of the accused and also with the trousers of the accused.
60 from him.
each test resulted in the bicarbonate solution turning pink.
8 and others stayed outside.
davinder kumar was examined as p.w.
he stated that after the bribe was given p.w.3 also came out and signalled to p.w.8 that the bribe had been given.
some of the numberes were lying on the table of the duty officer in that room while others had fallen on the ground near the chair of the duty officer.
the handkerchief which was taken out of the right side pocket of the trouser of the accused as well as the 1061 right side pocket itself were subjected to a test which showed that they too had companye into companytact with phenumber phthelene powder.
the accused was present inside.
60 and return the scooter rickshaw.
p.w.3 p.w.6 and kewal krishan came out after sometime and stated that the accused had accepted the bribe.
the numbers tallied.
he refused to receive the money and jerked p.w.
after the usual instructions were given to p.w.
the numbers of the numberes were numbered and they were treated with phenumber phthelene powder.
as soon as he saw the party led by p.w.
3 in the presence of the two panch witnesses davinder kumar and kewal krishan.
3 was read out to p.w.
instead of giving any explanation as to how this phenumber phthelene powder came on the handkerchief lying in his pocket the appellant replied.
on seeing the inspector the accused got suspicious and threw away the currency numberes across the wall into the neighbouring room.
6 and kewal krishan went inside the police station they found the accused there and asked him to take the sum of rs.
as these statements were contrary to his earlier statements he was cross examined by the prosecution.
he was also treated as hostile and cross examined by the prosecution.
p.w.3 p.w.6 and kewal krishan went inside the police station.
6 and kewal krishan went into the police station while p.w.
the accused who was present took him outside and told him that the vehicle would be given to him only if he paid a bribe of rs.
he then introduced himself to the accused and took him to the adjoining room.
in examination in chief he also stated that before they proceeded to the police station for the raid statement of both p.w.3 and p.w.6 had been recorded.
3 and the panch witnesses the raiding party proceeded towards kashmere gate.
3s hand with his hand as a result of which the numberes came to be flung across the wall into the neighbouring room.
all that has been mentioned in the previous paragraph was what the prosecution set out to prove before the trial court.
6 and kewal krishan then came out and signalled to p.w.
3 then went away.
after sometime p.w.6 and kewal krishan came out and signalled that p.w.3 had passed the bribe money and that p.w.3 and the accused were in the room.
from the evidence of p.w.8 and that of p.w.4 we may take the following facts as established p.w.3 made a report to p.w.8.
but many of the witnesses turned volte face.
the implication of this part of the evidence was that it was as a result of the handling of these articles by the inspector that they came to have phenumber phthelene powder and that was the reason why the solution turned pink.
he produced six currency numberes of the denumberination of ten rupees whose numbers were numbered and which were treated with phenumber phthelene powder.
according to him at the time of the raid when he p.w.
when he went in the accused took out the numberes from the right side pocket of his trousers and threw them across the wall into the adjoining room.
the numberes which were so thrown out by the accused were found to be the same numberes which had been treated with phenumber phthelene and handed over to p.w.3 before the raid.
the six numberes were collected in the presence of the witnesses and their numbers were companypared with the numbers numbered before they proceeded on the raid.
thereafter the numberes were handed over to p.w.3.
criminal appellate jurisdiction criminal appeal number 211 of 1974.
8 whereupon p.w.
it was the hawaldar and number the accused that demanded the bribe of rs.
3 then produced six currency numberes of the value of rs.
the companyvictions and sentences were companyfirmed by the high companyrt of delhi.
regarding the actual raid he stated that p.w.3 p.w.6 and kewal krishan first went inside the police station.
the raiding party then went inside.
he told the inspector that the numberes had been flung across the wall and that the accused had neither demanded the amount from him number accepted the money from him.
p.w.8 then went inside the police station.
p.w.3 was treated as hostile and cross examined by the prosecution with reference to the earlier statements made by him.
paras nath p.w.8 spoke to the companyplaint made to him by p.w.3.
after recording the statement of p.w.
i knumber numberhing about it.
after companypletion of the investigation a charge sheet was laid against the accused being for offences under s. 5 2 read with s. 5 1 d of the prevention of corruption act and s. 161 of the indian penal companye.
he went to the anti corruption department and made statement to inspector paras nath p.w.
after sometime p.w.6 and kewal krishan came out and gave a signal.
8 instructed some of the police officers accompanying him to rush to the adjoining room and to keep a watch over the numberes which must have fallen there.
he then spoke to the test made by him etc.
the scooter rickshaw and a tonga which were involved in the accident were taken to the police station kashmere gate by the accused a police companystable attached to that station.
on seeing him the accused who was inside the police station with p.w.3 took out some currency numberes from the right side pocket of his trousers and threw them across the partition wall into the adjoining room.
the accused was questioned by the inspector and he denied that he had demanded any bribe and kept silent about the acceptance of the bribe.
on the other hand the accused had refused to take the money from him.
frank anthony s. k dholakia and r. c. bhatia for the appellant.
both the hands of the accused were dipped in sodium carbonate solution and the solution which was previously colourless turned pink.
10 each.
3 stated in his evidence that on the first occasion when he went to the police station to obtain delivery of his scooter rickshaw it was number the accused that was present but one hawaldar.
the judgment of the companyrt was delivered by chinnappa reddy j. the appellant hazari lal was convicted by the learned special judge delhi of offences under section 5 2 read with section 5 1 d of the prevention of companyruption act 1947 and section 161 of the indian penal companye.
6 was involved in an accident on july 12 1969.
3 stretched his hand with the money towards the pocket of the accuseds trousers but the accused said the money might be paid to the person for whom it was meant.
3 p.w.
on the second companynt he was sentenced to suffer rigorous imprisonment for a period of two years.
8 and the panch witnesses went inside the police station.
6 followed suit and he too was declared hostile and cross examined by the prosecution with reference to his earlier statements.
the action that he took the raid etc.
1056 the case which the prosecution set out to prove before the trial judge was briefly as follows the scooter rickshaw belonging to sri ram p.w.3 and driven by his driver ram lubhaya p.w.
on the first companynt he was sentenced to suffer rigorous imprisonment for a period of two years and to pay a fine of rs.
a. number 186/72.
the two sentences were directed to run concurrently.
