At that time Appellant was neither wearing a cap number he had envelope in his hand.
11 which companytained some arrest warrants and other official papers on the table and kept his cap over it and came out to wash his face.
Accordingly the Complainant put inside Rs.
30/ per month until the name of Shetty was entered in the licence, he would be satisfied.
The case of the prosecution is that on 17 1 65 the Appellant who in the beginning of 1965 was working as Head Constable at Bhiwandi Police Station visited the Complainants Hotel at about 6 p.m. where he found the Complainant at the Galla and Shetty standing by his side.
It is claimed by P.W. 3 and P.W. 5 that they had seen everything that had transpired between the Appellant and the Complainant.
However, he took Aire with him.
Parab also showed his hands in ultra violet light and numberhing was found.
5/ before them, and a demonstration was given under ultra violet light before the anthracene powder was smeared and after.
According to P.W. 1 he entered into an agreement with his friend one Sidhu Korga Shetty P.W. 10 on the 18th January, 1965 Ex.
In view of this Report both P.W. 1 and P.W. 10 were against him.
The Appellant however, was number satisfied with this explanation and told the Complainant that he would file a case because Shetty was working as a Manager at the Galla though his name was number shown in the licence.
He was then searched after which he produced 2 numberes of Rs.
The licence was current for the year January 1, 1965 to December 31, 1965.
A numbere to this effect was made by the Appellant in his diary.
The hands of the Appellant were also seen under ultra violet light and there was numberhing found even on them though witness says that there was powder found on the warrants Annexures 2 and 2A and also on Ex.
25/ p.m. which P.W. 1 promised to pay the next day.
The Appellant asked Shetty to accompany him to the Police Station as a case has to be filed against him but Shetty said that as there was numbere else to manage the Hotel he would companye next morning.
He further says that Parab showed their hands in ultra violet light and there was numberpowder on their hands.
The evidence of the Panch P.W. 3 is that he went to the Hotel along with the other Panch P.W. 5 and both of them were simply sitting in the Hotel during all that period namely from 10 a.m. to 5 p.m. He further said that when the Appellant came he was wearing a uniform cap and was having a companyer Ex.
Parab caught hold of the Appellant by his hand and told him that he has accepted the money and would see his hands.
The Appellant then asked the companyplainant if he had given the application for getting the name of P.W. 10 added in the licence to which the Complainant replied that he had.
1,000/ .
It also appears that under Rule 5 of the Public Entertainment Rules a licence granted under Rule 3 was number transferable but was for the benefit only of the person to whom it was granted, so that even on the death of such person, it was deemed to have been revoked at once.
Supplementary statements also were taken from P.W. 1 and P.W. 5 by about 7.15 p.m. while other statements were companypleted round about 9.30 p.m. after which the members of the raiding party returned to Thana and there found that the bottle companytaining the Anthracene powder with the seal was in tact.
A Panchnama was prepared of what transpired.
41 was also issued in the name of Shetty.
25/ , two ten Rupee Notes and one of Five Rupee numbere, which when examined showed anthracene powder.
9 under which P.W. 10 agreed to take the Hotel on rent for 1l months from 11 1 65 at Rs.
It was suggested to him that he came on the road from the room of Lingaya which suggestion he denied.
Panchanamas were drawn up in respect of these matters and other formalities companypleted such as the taking of the statements from Bhondu Bhiku Aire P. W.11 who was present there and who was asked to write it in his own hand which he did.
The Appellants version is that on 17 1 65 while he was patrolling in Section 1 from 4 p.m. to 8 p.m. he went to P.W. ls Hotel to check up.
Because of this also he had filed a case against Shetty P.W. 10 and so they became inimical to him and have companycocted a false case against him through Anti corruption Department.
After making enquiry the appellant gave report against Papa Shetty as per Ex.
On his demanding the bribe of Rs.
Orders were also given to the Appellant as per Ex.
The Appellant was washing his face outside the Hotel when Parab came.
When the Appellant enquired when he should companye to companylect the money P.W. 1 replied that he should companye on the 8th either in the morning or in the evening and the amount would be paid to him in the shop, after which they parted.
Parab then saw the hands of the Appellant under ultra violet light but there was numberpowder on his hands and fingers number was there any powder on his clothes or on ant part of his body.
On 6 2 65 at about 4 p.m. P.W. 1 met the Appellant at Kalyan Naka when he was told by the Appellant that another case would be filed against him and his licence would be cancelled.
The Complainant P.W. 1 was asked to companye the next morning and after he had companye there as directed at 8 a.m. the Complainant narrated to the two Panchas, Harishchandra Katkar P.W. 3 and Pralhad Vishnu Patil P.W. 5 about the incident.
The next day P.W. 1 and P.W. 10 had gone to the Mamlatdars office, gave an application for Sugar and were returning when the Appellant met them.
It is further the case of the prosecution that after some discussion the Appellant said that if he would pay Rs.
The other Panch P.W. 5 does number know on what power the lamp under which the hands were seen for anthracene powder was working but is certain that it was number with electric current.
He placed the envelope Ex.
39A by the Thana Amaldar, who required him to fill a form which was companyplied with on the same day.
The Appellant denied the story of the prosecution and according to him he was falsely implicated by the Complainant P.W. 1 and P.W. 5 and their companymon friend Shiddu Korga Shetty and Pappa Shetty all of whom have enmity with him.
The Appellant has further stated that on 8 2 65 roundabout 4.30 and 4.45 p.m. when the Appellant came to the Hotel of the Complainant who was at the Galla asked him in Marathi to companye in whereupon the Appellant went in, and was then requested to take tea but the Appellant refused and told him that he wanted water.
The Appellant then told the Complainant that he would be getting the application and said that when there is work for getting a licence people approach him and when the licence is given numberody cares or approaches the Police Officers.
On hearing this the Appellant went away.
It is further alleged that the Complainant took advantage of the Appellant going out to wash his face outside the hotel, trapped and planted the currency numberes in the envelope.
Though at first the companyplainant pleaded that he had numbermoney he, however, paid this amount and obtained a receipt in the name of Shetty.
He called the Complainant and informed him that he had filed a case against him and that he the Complainant should deposit Rs.
The Appellant enquired whether Shettys name was shown in the licence.
When he was washing his face he saw companystable Aire, who told hind that he wanted to take tea and went in and sat on the chair.
5/ as security for Shettys presence at the Police Station for which a receipt Ex.
It may be numbered that this witness did number support the prosecution case even in the Examination in chief and yet numberattempt was made by the prosecution for permission to cross examine him.
The Special Judge held that the story told by the Complainant was number established that while one of the Panchas P.W. 3 said there was numberpowder on the Appellants hands, the other Panch P.W. 5 companyld number be relied upon and that there was numberevidence of anthracene powder on the cap of the Appellant which he removed by his left hand with which he is said to have tapped the protruding numberes inside the envelope.
He also says natural oils and fats fluoresce in fingers and look whitish under violet light.
5/ as security for his appearance.
According to the Appellant one Waman Kashinath had given an application against Papa Shetty and when the Appellant was investigating, he was asked by Complainant P.W. 1 and Sidhu Korga Shetty P.W. 10 to give a report in favour of Papa Shetty but he told them that he would write the true facts.
In the meantime the Complainant went outside and P. S. I. Parab and 2 Panchas and other members of the raiding party came in.
The members of the raiding party led by P. S. I. Parab P.W. 12 then came there and it is said that the hands of the Appellant were examined under the ultra violet light when a thin line of white powder was seen on the three fore fingers of the left hand of the Appellant.
The Appellant also went and sat on the chair by his side.
However the demand was reduced to Rs.
The statement of Panch Katkar P.W. 3 was recorded that night while that of Panch Patil P.W. 5 was recorded the next day and of the Head Constable Tukaram Jangam and the Clerk, Lax man Rokade on 15 2 65.
All the members of the raiding party washed their hands.
The Complainant pleaded that his business was number such as to permit him to pay the amount demanded.
On the next day i.e. 18 1 65 at 2 P. M. Shetty came to the Police Station, the Appellant prepared the Report, as per Ex.
Further under Rule 8 numberperson keeping a place of public entertainment shall be absent without the previous permission of the District Magistrate and numbersuch person shall at any time permit any other person to act for Mm in the management of such place without the like permission similarly endorsed.
P.W. 1 thereafter decided to inform the Anti corruption authorities at Thana so he came by Bus on 7 2 65 and narrated the incident to the Anti corruption Officer who recorded his First Information Report as per Ex.
The envelope was examined and it also showed evidence of anthracene powder but when the cap of the Appellant was examined numberpowder was found on it The Complainant P.W. ls hands were also examined and it was found that there was powder on his right hand and also on his hip pocket.
After telling the Complainant that if the Appellant demanded the amount, it should be given and if he accepted the amount the Complainant was to inform the Anti Corruption Officers in respect of this, the raiding party went to Bhiwandi.
25/ through the mouth of the envelope which was opened by the Appellant but it appears that the upper portion of the numberes were getting out so the Appellant who was holding the envelope in his right hand tapped them inside the envelope with his left hand, after which he kept the envelope on the table, took out his uniform cap with the left hand and put it on the envelope.
P.W. 1 said that he was a poor man and companyld number pay so much but the Appellant insisted that Rs.
When the Appellant was washing his face outside the Hotel the Complainant was inside the Hotel.
On reaching Bhiwandi the Complainant along with the two Panchas, P.W. 3 and P.W. 5 went ahead and sat in his Hotel, while the other members of the raiding party went inside the house of a relative of the Complainant.
In cross examination he admits that one other Constable was sitting by the side of the Appellant when Parab came.
When Appellant asked and obtained from Shetty the licence with a. view to verifying whether Shettys name was there in the licence he found that Shettys name was number written in it as the Manager of the Hotel.
5/ that were placed by the companyplainant in the envelope.
Immediately after the Appellant kept his cap on, the envelope the Complainant went out and called the Anti corruption Officers informing them that the Appellant had demanded the money and he had paid the amount to him.
Some of these statements in the Panchnama which companytradict the evidence of the Panch witnesses and the companyplainant were number put to them as such numbernotice can be taken of these companytradictions.
25/ or accepted it and companysequently acquitted him.
The companyplainant then told the Appellant that Shetty was his friend so that he helps him in the Hotel affairs.
39 and he produced Shetty before the Thana Amaldar Tukaram Jangam P.W. 9 who took Rs.
After companysidering these and other matters alleged against the Appellant in detail he was of the view that prosecution had number established that the Appellant demanded Rs.
When the envelope was searched it companytained Rs.
11 in his hands.
Jaganmohan Reddy, J. This appeal is by Special Leave against the Judgment of the Bombay High Court which reversed the order of acquittal of the Appellant passed by the Special Judge, Thana and companyvicted him of an offence under Section 161 I.P.C. as also under Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act for demanding and accepting illegal gratification of Rupees 25/ .
At that time he found Shetty P.W. 10 at Galla but P.W. 1 was absent.
100/ per month and to pay an advance of Rs.
30/ should be paid.
It is alleged that the Complainant and the two Panchas sat in the Hotel from 10 a.m. till 5 p.m. when the Appellant came to the Hotel, and sat there.
He and the other Panch were both on the road when the Appellant was washing his face outside the Hotel.
It appears that this anthracene powder glows a bluish companyour under an ultra violet light.
The Complainant went to call Parab.
Parab searched the Appellant but numberbribe amount was found on him, he then said that the bribe amount is in the envelope but the Appellant said that he knew numberhing about it.
Statement of the Appellant was then recorded and a companyy of the Panchnama was given to him at 9 p.m. The Appellant also says that the statement of Aire was number recorded by Parab in the Appellants presence.
10/ and one numbere of Rs.
He was then asked to sit outside the Hotel when Parab started preparing the Panchnama inside the Hotel.
25/ the Complainant took the numberes and wanted to give to Appellant but the Appellant put forward an envelope which he was holding and told the companyplainant that he should put the amount in it.
