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2007 Supreme(Pat) 1641
PATNA HIGH COURT
Chandra Mohan Prasad, J.
Nageshwar Choudhary
Versus
State Of Bihar
Criminal Appeal No. 76 of 2003 ;
Decided On : OCTOBER 05, 2007
The main legal point established in the judgment is the importance of considering the circumstances and the defendant's admission in cases involving allegations of corruption.
Headnote:
Prevention of Corruption Act - Corruption - Ss. 7, 13(2), Sec. 201 IPC
Fact of the Case:
The appellant was convicted under Ss. 7 and 13(2) of the Prevention of Corruption Act and Sec. 201 of the Indian Penal Code for demanding a bribe of Rs. 10.00 for issuing a ration card. The prosecution's evidence focused on the recovery of the ten-rupee note from the appellant, while the defense claimed that the money was received as payment for the ration card and not as a bribe.
Finding of the Court:
The court found that the defense plea had some basis and was not devoid of credence. It noted that the evidence and circumstances supported the appellant's claim that the money was received as payment for the ration card, leading to the benefit of doubt in favor of the appellant. The court acquitted the appellant of all charges.
Issues: The key issues revolved around the nature of the money received by the appellant - whether it was a bribe or payment for the ration card. The court also considered the veracity of the prosecution's evidence and the defense's version of events.
Ratio Decidendi: The court's decision was influenced by the lack of evidence to conclusively prove that the money received by the appellant was a bribe. It emphasized the importance of considering the circumstances and the appellant's admission in reaching the decision.
Final Decision: The appellant was acquitted of all charges and discharged from liability of bail bonds.
CHANDRA MOHAN PRASAD, J.
1. This appeal is against the Judgment dated, 30.01.2003 of the Special Judge, vigilance, Bihar, Patna in Special Case No. 62 of 1992 (arising out of vigilance RS. Case No. 29 of 1992) whereby and whereunder the Appellant has been convicted under Ss. 7 and 13(2) of the Prevention of Corruption Act and Sec. 201 of the Indian Penal Code and respectively sentenced to R.I. for one year and a fine of Rs. 250, R.I. for two years and a fine of Rs. 500.00 and R.I. for one year and all the sentences are to run concurrently.
2. The prosecution commenced with the written report dated, 4.07.1992 (Exh.-3) of the informant Prahlad Mahto (who was not examined before the Trial Court, as he had died), a lecturer in Bhagwan Budha College, Mithapur. He alleged in his written report that in the first week of May, he had submitted a surrender certificate along with application to the Clerk Nageshwar Babu (Appellant) of the Rationing Office for preparation of ration card. He (Appellant) had asked him (informant) to come after two months and collect the prepared ration card. Accordingly, he (informant) went to the Office on 1.07.1992 and demanded the ration card, whereupon he (Appellant) obtained his (informants) signature as acknowledgment of the receipt and gave the ration card but at the same time also demanded Rs. 10.00 for the same. He (informant) refused to give Rs. 10.00 whereupon he (Appellant) took the card back from his (Appellants) hand saying that he (Appellant) will not get the card unless he pays Rs. 10.00 because he (Appellant) used to take Rs. 10.00 from everybody for it. He (informant) was unwilling to pay the money as illegal gratification, hence, he approached the vigilance Authority and filed his written report (complaint) addressed to the Inspector General-cum-Special Secretary of the vigilance Department. After receiving the written report, verification of the matter was done by Inspector Harishchandra Singh (P.W. 9) who submitted his verification report (Exh.-4) whereafter F.I.R. (Exh. 2) was lodged and the investigation commenced. In course of investigation a trap was led by the Vigilance Department for apprehending the accused-Appellant on his receiving the bribe money as demanded by him. The bribe money i.e. a ten-rupee note which was treated with the phenolphthalein powder was recovered from the possession of the Appellant who was arrested by the vigilance team and while the seizure-list for Rs. 10.00 was being prepared a mob comprising-of Office people and others assembled and indulged into manhandling the members of the team and also pelting brick-bats and the seizure-list and other papers were also snatched from the possession of the members of the team for which the vigilance team instituted Gandhi Maidan P.S. Case No. 213 of 1992 under Ss. 197, 149, 224, 225, 337, 323, 307, 353, 379,342 and 201 of the Indian Penal Code against the Appellant and several others and it was also stated in the FIR that the papers, including the seizure-list, bag etc. were snatched from the members of the team but the recovered currency note of ten rupees was anyhow saved and preserved by one of the members of the team and it was produced at the time of filing of said FIR (Gandhi Maidan RS. Case No. 213 of 1992). On completion of the investigation, charge-sheet was submitted and the Appellant was put on trial and on conclusion of the trial, he was convicted and sentenced, as above.
3. As many as fourteen witnesses were examined by the prosecution. The defence also examined two witnesses in support of the defence case according to which the Appellant admitted to have received Rs. 10.00 from the informant under the plea that he had taken it for realising Rs. 2 as the price of the ration card and was returning the balance of Rs. 8.00 to the Appellant but before he could return the balance of Rs. 8.00 to the informant, the vigilance people apprehended him saying that he (Appellant) had received bribe of Rs. 10.0
