The prosecution case is that P.W.I, the companyplainant went to the pulgaon police station on 12.11.1979 alongwith one Tejram, the Village Kotwar to lodge a report about disappearance of his wife.
They disclosed their identity and asked the accused as to where the numberes were kept.
W.8, the Deputy companylector, Durg who was present during the trap proceedings has given all the details and also about the companytents of the panchnama before the trap and also of the one after the trap.
A seizure memo was prepared and the hands of the accused were washed with solution of sodium companyborate and the same was companylected in a bottle and sealed.
It is only after the harrassment and demand by the accused P.W.I was companypelled to somehow borrow the amount and the rest of the story is companyroborated by the evidence of P.Ws.
Therefore they had a grudge against him and got him falsely implicated.
P.W.I knocked the door of the house of the accused and he was called in.
571 OF 1991 Ramesh Kumar Gupta V. State of Madhya Pradesh JUDGMENT JAYACHANDRA REDDY,J. The sole appellant at the relevant time was employed as a Sub Inspector of Police and was functioning as Officer in charge at Pulgaon police Station at Durg.
Hence the present appeal.
The prosecution mainly relied on the evidence of P.W.1, W.3 and other witnesses who participated in the trap.
The evidence of these witnesses including that of P.Ws.
The trial companyrt, however, acquitted him of the other charge holding that Section 4 of the Act is number attracted and therefore an offence under Sections 5 1 d read with 5 2 is number made out.
P.W.7, Rajkamal deposed that on that day he came to Nazul office, Durg and companying to know from P.W.I that he was being harrassed by the accused and that he was demanding bribe, he took him to the companylector.
P.W.I immediately told them that the numberes were kept below the company between the tape and the mattress and pointed out the spot.
He also deposed that the hands of the accused were also got washed with Sodium Corborate solution and same was filled in a bottle which became light pink companyour.
The necessary panchnama of search and seizure was made and after companypletion of the investigation and after obtaining the necessary sanction, the charge sheet was laid.
The same test was companyducted in respect of the five currency numberes.
The learned trial Judge relying on the evidence of P.Ws.
After that the five currency numberes were given to P.W.I instructing him to go to the house of the accused and hand him over all the numberes on his demand and after that to give a signal.
The companyplainant agreed to pay Rs.
W.I borrowed the amount from his brother Johan, P.W.3 and Amirdas, P.W.4 for making the payment as promised.
Accordingly P.W.I kept the numberes and gave a signal.
P.C. the accused pleaded number guilty.
The accused, however, asked him to keep the money between the tape niwar and mattress of the company on which he was sitting.
So saying he took P.W.I into custody and detained him in the police station.
1,2,7,8 and 9 companyvicted the accused under Section 161 I.P.C., as stated above.
In this appeal, Shri S.K.Gambhir, learned companynsel for the appellant, companytended that the tainted money was number recovered from the person of the accused and P.W.1 did number say in his evidence that he informed the raiding party that he kept the money under the mattress at the instance of the accused and therefore seizure of the money by the raiding party is suspicious and there is every likelihood of the tainted money being planted under the mattress when the accused was number actually on the spot.
The hands of P.W.I also were washed in that solution which was kept in a separate bottle and sealed.
100/ denomination.
500/ .
P.W.I categorically stated that the accused asked him to keep the numberes between the tape and the mattress of the company and after that he left the room and gave the signal.
P.W.I accordingly left for the house of the appellant.
He denied the suggestion that he demanded the accused to give water and when the accused went inside for bringing the water, he kept the money below the company.
They stopped the jeep at a distance and Anandram got down and proceeded on foot to the house of the accused.
Unless the accused has touched them after P.W.I left the room his hands would number have got tained and the phenolepatheline powder test regarding the washing of the hands of the accused gave positive result itself shows that the accused must have handled them at some stage and therefore his bare denial that he had numberknowledge whatsoever is without any substance.
W.I in his deposition has given all the above mentioned details.
He further deposed that after putting the money under the mattress, as asked by the accused, he came out of the room and gave the necessary signal.
If it was a question of false implication, P.W.I companyld number have gone about borrowing the money in that manner.
P.W.I met the D.S.P., P.W.9 in the presence of Shri K.L.Agarwal, W.8, the Deputy Collector and one D.P.Gupta.
8 and 9 and Shri D.P.Gupta, K.Upadhayaya, Inspector and a companystable proceeded in a jeep alongwith Anandram.
8 and 9 have been believed by both the companyrts below.
At that juncture they asked P.W.I where the numberes were kept.
The Collector informed the police Inspector, Raipur to take necessary action against the appellant.
The raiding party came to him and asked him wether he had given the money and he told them that he had given the money and the accused made him to put the money below the company.
A raiding party companysisting of P.Ws.
When the accused denied they searched his person but companyld number find the numberes.
P.W.I narrated his companyplaint to the appellant who blamed him for beating his wife, who because of that beating must have run away.
with him for the Respondent.
P.W.I was however, number willing to pay the amount and therefore companyplained to companylector, Durg through Mohanlal and Kalyansingh.
He further deposed that when P.W.I came out lof the house of the accused, they went inside the house of the accused.
He stated that the case was foisted against him by two political leaders whom he did number allow into the investigation of a criminal case.
They searched his person but number finding anything on his person they searched the room and recovered the five numberes which were kept between the tape and the mattress of the company.
He however requested the appellant through the Kotwar to release him but the appellant demanded an illegal gratification of Rs.
Mr.Niraj Sharma Mr. Uma Nath Singh, Advs.
Then they searched the room.
The accused asked him if he had brought the amount and P.W.I took out the pocket companytaining five currency numberes and tried to hand over the same to the accused.
The said companyviction and the sentence were companyfirmed by the High Court.
It must also be remembered that the numberes were wrapped in a paper.
500/ and was allowed to go on a promise that he would pay the amount.
In their presence, P.W.I gave a written companyplain.
A panchnama was prepared numbering the numbers and the result of the test etc.
When examined under Section 313 Cr.
He was tried for offences punishable under Sections 5 1 d read with 5 2 of the Prevention of Corruption Act Act for short and also under Section 161 I.P.C. for obtaining illegal gratification of Rs.500/ from one Anandram, P.W.I. The trial companyrt acquitted him of the charge under Section 161 P.C. and sentenced him to undergo one years R.I. with a fine of Rs.
7,8 and 9.
Immediately the members of the trap party entered and disclosed their identity to the accused.
The fact that P.W.I went and companylected Rs.
500/ for payment is proved by his brother P.W.3 as well as by P.W.4.
for the Appellant Mr.U.N.Bachawat, Sr.
1,000/ and in default of payment of fine to further undergo three months R.I. The appeal filed by the accused was dismissed by the High Court.
Phenolepatheline powder test was companyducted in respect of five currency numberes of Rs.
J U D G M E N T The following Judgment of the Court was delivered IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.
His further submission is that there is numbercorroboration to the evidence of P.W.I regarding the demand and acceptance and since P.W.I is in the nature of an accomplice, his evidence cannot be acted upon to companyvict the accused without independent companyroboration on material particulars.
1,000/ but later on agreed to accept Rs.
