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Andhra Pradesh High Court
Judges : SHARFUDDIN AHMED, VENKATESWARA RAO
D.V.Narasimham - Appellant
Versus
State OF A.P. - Respondent
Decided On : 12-20-67
CRIMINAL LAW - EVIDENCE - ADMISSIBILITY - STATEMENT MADE BY ACCUSED TO POLICE DURING INVESTIGATION - SECTION 162, CR. P. C. - CONDUCT OF ACCUSED IN PRESENCE OF POLICE - RELEVANCE - PREVENTION OF CORRUPTION ACT, 1947 - SECTION 4 - PRESUMPTION - INTERPRETATION.
Fact of the Case:
The appellant, a Station Superintendent, was accused of accepting a bribe of Rs. 100 from a subordinate employee for posting him to a "fetching seat" in the Parcel Office. A trap was laid by the police, and the tainted money was recovered from the appellant's trouser pocket. The appellant claimed that the money was given to him as payment for shares in a Co-operative Society of which he was the President.
Finding of the Court:
The trial court convicted the appellant under Section 161, IPC, and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The court held that the appellant's failure to offer an explanation to the police at the time of the recovery of the money was an adverse inference against him.
Issues: 1. Whether the trial court was justified in drawing an adverse inference against the appellant from his failure to offer an explanation to the police at the time of the recovery of the money? 2. Whether the conduct of the accused in the presence of the police can be taken into consideration for arriving at a conclusion against or in favor of an accused? 3. Whether prosecution under a special law (as in the instant case, Prevention of Corruption Act) called for a different approach to the interpretation of Section 162, Cr. P. C. with reference to the special provisions contained therein?
Ratio Decidendi: 1. The court held that the trial court was not justified in drawing an adverse inference against the appellant from his failure to offer an explanation to the police at the time of the recovery of the money. The court held that Section 162, Cr. P. C. barred the use of statements made by an accused to the police during the course of an investigation, and that the appellant's failure to offer an explanation did not fall within any of the exceptions to the rule. 2. The court held that the conduct of the accused in the presence of the police could be taken into consideration for arriving at a conclusion against or in favor of an accused, but only if it was not related to the making or not making of a statement or offering or not offering an explanation. 3. The court held that prosecution under a special law (as in the instant case, Prevention of Corruption Act) did not call for a different approach to the interpretation of Section 162, Cr. P. C. with reference to the special provisions contained therein.
Final Decision: The court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
( 1 ) THE question that has been referred to us viz. , whether the conduct of the accused can be taken into consideration when the crime is committed in the presence of the Police arose in Criminal Appeal NO. 580 of 1965 before our learned brother Mohammed Mirza, J. The learned Judge felt that there was no direct case on the point and therefore, referred it to the Bench. The facts necessary to appreciate the contentions on either side may briefly be stated: The appellant in Criminal Appeal No. 580 of 1965 was working as Station Superintendent. Vijayawada, Southern Railways at the relevant period. On 21-6-1964 he demanded and accepted a sum of Rs. 100 from one of his subordinates as illegal gratification for having posted him to Outward Parcel seat and for retaining him in that capacity. It was stated that P. W. 1 Senior Assistant Parcel Clerk in the Parcel Office. Vijayawada Railway Station was working in that capacity for 21/2 years. He was formerly in-charge of loading and unloading parcels on and from station platform. He had been working in the Outward Parcel seat since 20-5-1964. The posting was done by the accused-appellant and subsequent to the posting, he called him and asked him to pay a bribe since the seat to which he was posted was a fetching seat in the sense that there was opportunity there to realise excess money. P. W. 1 accordingly paid Rs. 50 to the accused on 22-5-1964. Five days later the accused asked for a further amount. P. W. 1 was unable to meet the demand. The accused was frequently demanding P. W. 1 to part with some money. On or about 18-6-1964 he demanded a sum of Rs. 100 and threatened to remove him from the Outer parcel Seat if he did not pay the money. P. W. 1 contacted D. S. P. of the Special Police Establishment who was camping at Vijayawada on 20-10-1964 and complained to him of the demands made by the accused. Accordingly a trap was arranged with the assistance of some Government servants. P. W. 1 was asked to go to the office of the Superintendent and pay the money in the presence of an accompanying witness. P. W. 1 was provided with ten currency notes of Rs. 10 denomination and their numbers were noted in the panchanama that was drawn by P. W. 3. The notes were treated with phenolphthalein powder. P. W. 1 was directed to proceed to the railway station and give the currency notes to the accused if he demanded to pay the money. P. W. 2 was asked to follow P. W. 1 The D. S. P. and other officers followed P. Ws. 1 and 2 to the railway station at some distance. According to this arrangement P. W. 1 entered the room of the accused and found him seated in his chair. P. W. 1. wished him and the latter asked if he had brought the money. Then P. W. 1 took out the money and handed it over to the accused. He took the money and put it in the right pocket of his trousers. P. W. 2 witnessed the incident from the adjacent staff room. After delivering the money, the witness gave a prearranged signal and thereupon D. S. P. and S. P and two mediators rushed into the room of the accused. Disclosing his identity, the D. S. P. recovered the amount from the right pocket of the trousers of the accused. which was seized under a mahazar. A tumbler full of water with Sodium carbonate was brought and the accused was asked to put his fingers in the tumbler. The colour of the liquid became pink. The two mediators compared the number of currency notes and the relevant articles were seized under a mahazar.
( 2 ) ON this material, a charge-sheet was framed against the accused under Section 161, I. P. C. and Section 5 (2) read with Section 5 (1) (d) of the prevention of Corruption Act, 1947. The accused denied the commission of the offence. He pleaded that as he was exercising strict control over the staff some members of the staff had conspired together to set up a case against him. With regard to the amount recovered from him he said that he was the president of the Co-operative Society and P. W. 1 h
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