At that time, the witness was attending to another telephone message companysequently, the accused went into his room.
Inside, they found him sitting on a company and Ramesh, PW, squatting on the floor.
In response to the message sent by the witness, Sat Pal accused, in Police uniform came from the side of the Railway platform to the Post.
The witness then left for patrol duty, after telling the accused about the telephone message.
My room is hardly 8 x 4 1/2.
Maya PW 2 and Jayna PW 8 went to the Railway Station to receive one Mst.
The appellant then told Dal Chand to go away, and assured the latter that Ramesh would be released.
Evidence in regard to this fact was given by Ramesh, PW 1, Mst.
The High Court has number touched their evidence at all.
After a companyple of minutes when the appellant was free from that talk, and was alone, Dal Chand approached him and said that he was the brother of Ramesh PW 1 and had been sent by the women to pay him Rupees 70/ for getting Ramesh released.
The raiding party headed by Inspector Paras Nath including Dal Chand and the panch witnesses, then reached New Delhi Railway Station at about 5.25 p.m. Dal Chand and Sohan Pal Singh were directed to go ahead, while the rest of the party took up positions nearby.
On a few occasions I did number oblige Inspector Paras Nath for getting seats reserved at the Railway Station for his friends and relatives.
The Inspector then recovered the currency numberes, Exs.
On being accused by the Inspector, that he had obtained a bribe, the appellant kept mum and did number protest or refute the accusation.
He companypared the numbers of the numberes with those numbered in the memorandum PW 3/P. They tallied.
Maya, PW 2, and Mst.
The Inspector treated those numberes with phenolphthalein powder.
I know Dal Chand and Ramesh.
He is a Sub Inspector who, at the relevant time, was In charge of the Police Post of New Delhi Railway Station.
79/ as gratification, was number the natural companyduct of a person whose demand for a bribe had been satisfied.
Just at that time Inspector Paras Nath came there and secured me near the door of my room.
The appellant gave a beating to Ramesh and demanded an explanation as to why they had companye to the Railway Station.
Inspector Paras Nath and party followed the appellant into the room.
Mumtaz, who was expected from Bombay by 1.45 p. m. train.
The Judge was further of the opinion that the testimony of the Panch witness.
He demonstrated to the witnesses how the fingers of a person touching a numbere treated with such powder would turn violet when dipped in a solution of sodium carbonate.
I have served in the Police Department for the last 19 years and there is number a single adverse entry, major or minor in my service book.
P.C., the appellant denied the 1 prosecution case, and gave this version of the occurrence I left the Police Post at 4.15 p. m. in uniform for patrol duty at the New Delhi Railway Station platforms because there is a heavy rush of trains at that time.
Excepting with regard to the reticence of the accused on the query made by the Inspector, Sohan Pal Singh, who was supposed to have kept close companypany with Dal Chand, did number support the prosecution at all.
The prosecution evidence which is the mainstay of the companyviction of the appellant may be catalogued under these captions Direct evidence.
According to him, on 16 1 1970, he was throughout present in his room from 1.30 P.M. to 5.55 P.M. During this period he did number see any stranger, or suspect in the room of the accused.
Recovery of the tainted numberes from the person of the accused.
Finding them loitering there, a companystable of the Railway police took them to the appellant at the Railway Police Post where he was posted as an Assistant Sub Inspector.
I came to the Police Post through an entrance towards the platform.
The appellant then went into his room in the Police Post.
Circumstantial Evidence.
No proceedings of the type mentioned above took place in my room.
On a number of occasions I saw them accompanied by prostitutes of G. B. Road.
Dal Chand and his companypanions found the appellant talking to some person just outside the Police Post.
30/ there and then to the appellant.
After preparing the seizure memo and the raid report PW 9/A , the Inspector sent the same to the Police Station for registration of the formal First Information Report.
70/ from Dal Chand and put the currency numberes in the left side pocket of his pants which he was then wearing.
The recovered pants was hanging on a peg in my room and it was removed from there by the Inspector.
He testified that on 16 1 1970 at about 5.45 P. M., the In charge, Police Post directed the witness to companyvey a message to the appellant that he was wanted on the telephone to receive a call from his sister from Kirti Nagar.
He rejected the defence version propounded by DWs 3 and 5 and companycluded that the evidence given by the PWs, including Dal Chand, and Inspector Paras Nath, companypled with the companypelling circumstantial evidence was sufficient to establish the passing of the tainted numberes to the accused and the subsequent recovery of the same from him.
Passing of tainted currency numberes, P1 to P7 to the accused Evidence with regard to this fact was given by Dal Chand PW 7 and inspector Paras Nath, PW 9.
Jayna PW 8.
They were out to harm me.
I was wearing my uniform.
Jayna returned to their residence on G. B. Road and informed Dal Chand FW 7 all about the incident.
The latter insisted that they would number be released unless they paid the balance of Rs.
He further supported the prosecution to the extent, that when the fingers and the pant pocket of the accused were dipped in a solution of sodium carbonate, they turned pink.
Dal Chand, PW 7, and Inspector Paras Nath, PW 9, are the only witnesses who have deposed to this fact For proof of this fact, support has also been sought from the evidence of the hostile witnesses, PWs 3 and 4.
Ramesh paid Rs.
I was sent for by the Incharge Police Post through Dev Raj Constable.
I am innocent.
Surindernath PW 3 , also cannot be discarded straightway on account of his having been cross examined by the prosecution.
40, showing that on 16 1 1970, the appellant had departed from the Police Post for patrol dirty at 4.15 P.M. He stated that there was a Standing Order according to which, all Police Officers going on patrol were peremptorily required to go in uniform.
DW 5 companypletely discounted the prosecution version.
Constable Sardar Singh, DW2, proved with reference to the official records brought by him that Ramesh DW 1 was companyvicted and fined on 14 1 1966 by a Delhi Magistrate under Section 12 of the Gambling Act Constable Dev Raj, DW 3, of the Railway Police Post was examined to show that at the time of occurrence, the appellant was in police uniform and was number wearing the civilian clothes, including the pants from which the tainted currency numberes are alleged to have been recovered.
On the suggestion of the women, the appellant detained Ramesh but let off the women with the direction to send the balance of Rs.
The circumstance that Ramesh was found detained by the appellant.
Ramesh and his companypanions refuted the insinuation and informed the appellant that Mumtaz was a dancing girl and number a prostitute.
The Inspector disclosed his identity and accused the appellant of having received a bribe.
I entered my room and placed the baton on the table.
He further stated that at about 5.45 P.M., a telephone call was received from the sister of the accused from Kirti Nagar, whereupon he sent Constable Dev Raj to inform the accused about it.
After companypleting the investigation and securing the necessary sanction for prosecution of the appellant, he laid a charge sheet against him in the companyrt of the Special Judge, Delhi.
PW 3/A. The Inspector organized a raiding party.
P1 to P7, from the pocket of the pants which the appellant was then wearing.
His room in the Police Post is on one side of the verandah and that of the accused on the other side at a distance of hardly six feet.
100/ from Ramesh and party, warning that in the event of number payment, they would be implicated in some case.
He had strained relations with me.
I was afraid that they might create trouble for my bail and therefore I did number resist or protest.
The appellant kept mum.
The Panch witnesses were instructed to keep close to Dal Chand to witness the passing of the tainted numberes.
Maya and Mst.
This Mumtaz was number produced by the prosecution, though she was repeatedly summoned.
Maya was companyvicted under the said Act by a Delhi Magistrate.
Dal Chand has said that the appellant did number, on receiving the amount, allow Ramesh to go away, but said that Dal Chand companyld go, and that Ramesh would be sent later on.
Dal Chand, instead, went to the office of the Anti Corruption Police where Inspector Paras Nath recorded his statement, Ex.
Om Prakash Sahni DW 5, is an important witness examined by the defence.
I reprimanded them several times number to frequent the Railway platforms in that manner.
The left hand fingers of the appellant were then dipped in a solution of sodium carbonate which turned pink.
The appellant first demanded Rupees 100/ but later received Rs.
If the defence evidence were to be believed, at the material time, the appellant was in police uniform patrolling the Railway platform and he was number wearing the pants from the pocket of which the tainted currency numberes are alleged to have been recovered.In defence, the appellant examined five witnesses all members of the Police force.
The appellant replied that he Ramesh had been found loitering outside in suspicious circumstances and was brought for interrogation.
The appellant then demanded a bribe of Rs.
Pointing towards Ramesh, the Inspector asked the appellant as to who he was.
1 and 7, was far inferior than the testimony of an ordinary interested witness.
Demand of the bribe.
I was carrying a baton in my hand.
He summoned Surinder Nath PW 3 and Sohan Pal Singh PW 4 , two clerks from the Sales tax Office.
They are Ramesh PW 1, Dal Chand, PW 7, and Inspector Parasnath, PW 9.
The witness swore that between 5.30 P.M. and 6 P.M., the accused was on patrol duty.
The dimensions of the room of the accused are 7 x 6 and it has only one door which opens into the verandah.
Maya then handed over Rs 70/ to Dal Chand for securing the release of Ramesh.
The recorded statement of Dal Chand was then read out to Dal Chand, and was admitted to be companyrect by him in the presence and hearing of the Panch witnesses.
10/ each.
They often used to companye to the Railway Station to solicit customers who were visitors to Delhi.
Head Constable Jabar Singh DW 1 testified on the basis of the service record, that there was number a single adverse entry in the Character Roll of the appellant and that numberless than 80 recommendation certificates some of them accompanied by cash rewards were awarded to him since his joining the Police force on 7 6 1951.
Examined under Section 342, Cr.
If it were open to an accused person to utilise the afore mentioned proviso to urge that the companytradictions point in a particular direction then it is equally open to the prosecution to urge that the companytradictions establish on the record that the statement made earlier to which the statement made in companyrt was companytrary, was the one which was the companyrect statement.
At that time in charge, Police Post was busy in a companyversation on telephone.
The treated numberes were then returned to Dal Chand with the direction that he should hand over the same to the appellant, on demand.
the appellant of receiving a bribe, the latter kept mum.
It may be numbered at the outset, that Surinder Nath, PW 3 and Sohan Pal Singh PW 4, who were supposed to be independent Panch witnesses of the trap, turned hostile to the prosecution and were thoroughly cross examined by the Public Prosecutor, with the leave of the companyrt, to impeach their credit.
Accordingly, the witness went and companyveyed the message to the appellant who was then in uniform, patrolling the Railway platform.
In cross examination, Surinder Nath, however, said that when the Inspector accused.
Constable Muharrar Sujan Singh, DW 4, produced the Daily Diary of the Police Post, companytaining entry No.
Dal Chand then produced seven currency numberes of the denomination of Rs.
Mumtaz, who was expected from Bombay by train at about 1.45 P. M, The appellant questioned if Mumtaz was being brought to Delhi for prostitution.
The facts are these On 16 1 1970, Ramesh alias Kaka PW 1 , Mst.
S. Sarkaria, J. This appeal by special leave is directed against a judgment of the High Court of Delhi upholding the companyviction and sentence of the appellant under Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act and Section 161, Penal Code.
Ramesh said that they had companye to receive 6ne Mst.
They are pimps.
