IMPORTANT POINT
When prosecution witnesses are consistent and the accused is not able to explain the circumstances satisfactorily, conviction is the logical conclusion.

JUDGMENT

Uday Umesh Lalit, J.

1. This appeal by Special Leave challenges the judgment and order dated 06-12-2010 passed by the High Court of Bombay at Goa in Criminal Appeal No.12 of 2010 by which the High Court affirmed the conviction and sentence of the appellant under Sections 7 and 13(1)(d) and 13(2) of the Prevention of Corruption Act 1988 (hereinafter referred to as “the Act”).

2. The case of the prosecution was that PW1 Chandra Shekhar Bandari was sole proprietor of M/s JCS Associates, which firm was undertaking construction work for governmental agencies. The firm was awarded two contracts in March 2003 by Oil and Natural Gas Commission, Betul, Goa and it was mandatory requirement to have a licence from the office of the Assistant Labour Commissioner, (Central) Vasco. PW1 therefore applied for requisite licence vide applications, Exts. 31 and 32 with necessary documents along with prescribed fees and the applications were received in the office on 13-05-2003. According to PW1, he was told that the applications would be processed within seven to ten days. Since no communication was received within ten days, he approached the appellant who was then working as Assistant Labour Commissioner (Central) Vasco. PW1 was told by the appellant that his application would be duly processed. However nothing was heard in the matter.

3. According to the case of the prosecution the appellant was to visit the site of the proposed construction on 29-05-2003. PW1 was therefore present at the site. The appellant came and verified the documents at the site itself. According to PW1, the appellant was camping in the Rest House when PW1 went to meet him. The appellant had prepared Inspection Notes, Ext. 33 bearing signatures of the appellant and PW1. In the rest house the appellant allegedly demanded Rs.30,000/-towards illegal gratification for issuance of licence to PW1. The appellant told him to pay Rs.10,000/- by next day and the balance amount of Rs.20,000/- was to be paid after issuance of the licence.

4. On the next day i.e. on 30.05.2003 PW1 decided to file a complaint against the appellant in the office of CBI, Panaji and gave written complaint, Ext. 34 which was received at 1.15 pm in the office. The necessary approval having been received at 1.56 pm, appropriate steps for registering the crime and to lay a trap were undertaken. A request was sent to the office of Assistant General Manager, Bank of India, Panaji at about 2.25 pm to depute two officers from the Bank to act as panch witnesses. In the mean time FIR was registered at 3.15 pm in pursuance of said complaint Ext. 34. Accordingly PW2 Ranjit Singh Thakur and one Karapurkar, both officials from the Zonal Office of Bank of India were sent to act as panch witnesses at about 4.30 pm. Pre trap proceedings were undertaken. The numbers of three currency notes of Rs.1000/-each and fourteen notes of Rs.500/-each produced by PW1 were noted. Phenolphthalein powder was applied to the currency notes. The panch witnesses and PW1 were explained and briefed about the trap and those currency notes were kept in the shirt pocket of PW1 with instructions not to touch those notes unless and until demand was made by the appellant. The members of the raiding party then left the office of CBI at about 5.30 pm. Since PW1 was unaware about the residential address of the appellant, the party first went to his office where one of the clerks gave the residential address of the appellant, whereafter the party proceeded to his residence. PW1 along with PW2 went to the house of the appellant which was situated on the ground floor of a building. The door was opened by wife of the appellant who told PW1 that the appellant was not available and that he had told her that in case PW1 came, he should be asked to wait. She further conveyed that the appellant would be back after 10.00 pm where upon PW1 told her that they would come back later and left the place. The raiding party then waited till 10.00 pm.

5. At