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2012 Supreme(Gau) 967
GAUHATI HIGH COURT
Hrishikesh Roy, J.
Panger Aonok -Appellant
Versus
State of Meghalaya -Resopndent
Crl. Appeal No. 6(SH) & 7(SH) of 2008
Decided On : 10-08-2012
Subject
Corruption - Bribery
Act Referred
Headnote
Criminal Procedure Code, 1973 – Section 313 – Prevention of Corruption Act, 1988 – Section 12, 8, 2, 20 – Illegal Gratification Case – FIR – Legal Presumption – Appeal accused Panger Aonok and 2 others have offered bribe to the police inspector to release the 3 oil tankers ganja and to set free arrested accused Saraj Anwar – Although police inspector refused accused offered to come again cash to police inspector – After receiving this complaint – S.P., Jowai instructed police inspector to enquire and submit a report on genuineness of information and after Mr. Joshis report was submitted S.P. directed registration of a case and entrusted IPS Sub-Divisional Police Officer Chliehriate with investigation of 2nd case – Held, Prosecution evidence is to be believed money was delivered to the police station and counting itself took several hours evidentiary value of prosecution evidence is considerably weakened by mentioning of precise amount in FIR registered in morning – Trap witnesses who were hiding near place of occurrence in strategic position to hear and see accused are not consistent in their testimony about what transpired in O.Cs room did not hear any conversation of the accused with policeman and surprisingly P.W.2 stated that he neither heard nor saw anything – Yet claimed that they heard the accused and also saw transaction – Noticing these major discrepancies in evidence of alleged eye witnesses I feel that conviction of accused on basis of such contradictory evidence should not be sustained – Appeal quashed.
Advocates appeared for the Appellant: Mr. H.R. Nath , Mr. K. Sunar.
Advocate appeared for the Respondent: Mr. K. Khan, GA, Meghalaya
The two appellants in these 2 appeals faced trial in the Special Case No. 1/2006 and they challenge the judgment dated 19.3.2008 rendered by the learned Special Judge, Shillong, whereby the accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act"). Both the accused were sentenced to 1 year imprisonment and were fined Rs. 10,000/- each and in default of fine, were sentenced to further imprisonment for 3 months.
2. In pursuant to seizure of 9751 Kgs of ganja on 27.12.2005 hidden in 3 oil tankers, the Chliehriate P.S. Case No. 153(12)72005 was registered under the NDPS Act. At that stage the police inspector Terence Jeffery Synrem (P.W.3) on 29.12.2005 reported to the S.P., Jowai that the accused Panger Aonok and 2 others have offered Rs. 20 lakhs bribe to the police inspector to release the 3 oil tankers, the ganja and to set free the arrested accused Saraj Anwar. Although the police inspector refused, the accused offered to come again on 30.12.2005 to handover Rs. 20 Lakhs in cash to the police inspector. After receiving this complaint, the S.P., Jowai instructed Mr. B.P. Joshi, police inspector, Jowai (W) to enquire and submit a report on the genuineness of the information and after the Mr. Joshi's report was submitted, the S.P. directed registration of a case under Sections 8 & 12 of the PC Act and entrusted Mr. Anurag, IPS, the Sub-Divisional Police Officer (SDPO), Chliehriate with the investigation of the 2nd case. After receiving the S.P's order on 30.12.2005, the Chliehriate P.S. Case No. 154 (12)72005 under the P.C. Act was registered and Mr. Anurag took up the investigation of the illegal gratification case.
3. Since the accused had offered to deliver Rs.20 Lakhs in cash to Terence J. Synrem (P.W.3) on the morning of 30.12.2005, the I.O. prepared a Pre-Trap Memorandum (Exbt.-1) requisitioning the presence of the Magistrate (P.W.I), a Coal Trader Pher Rymbai (P.W.2) and the police inspector Terence J. Synrem (P.W.3) to whom the bribe offer was made. The Trap Team was briefed by the I.O. on their hiding position(s) so that they could witness the transaction and hear the conversation of the accused and the police inspector (P.W.3).
4. According to the prosecution case, on 30.12.2005 at about 12:15 noon, 3 persons namely Panger Aonok, Kauser Alam (the appellants herein) and one Kama Choudhury entered the office chamber of the O.C., Chliehriate Police Station to offer illegal gratification to the police inspector (P.W.3). The Trap Team members caught the accused red handed while they were offering the cash to P.W.3. Then the I.O. prepared a post-trap Memorandum (Exbt.-3), seizure memo (Exbt.-2) and arrested the accused who were charged under Section 12 of the P.C. Act Since the charge was denied, the case was put to trial.
5. During trial the prosecution presented 6 witnesses, exhibited five documents and 2 Paper Marks.
PROSECUTION WITNESSES
6.1 Ms. R.S. Manners (P.W.1) was a Magistrate posted at the Chliehriate Sub-Division. On 30.12.2005, she was informed about the pre-trap arrangement and was requested by the I.O. to be a witness on the exchange of bribe money. The P.W.1 stated that she was briefed at about 8:30 a.m. in the police station by the I.O. (P. W.6) about the possible bribing attempt of the accused in the NDPS case. According to the P. W. 1, the Pre-Trap Memorandum (Extbt-1) was prepared by the I.O. in her presence. She visited the police station a second time at about 11 a.m. and at about 1230 hours (noon), she was asked to hide in the toilet adjacent to the O.C's room to witness the activities of the accused. From her hiding place the witness saw the accused taking out money from the bag carried by the lawyer and place it on the O.C's table. But she couldn't hear the conver#31;sation. She stated that she together with Mr. Pher Rymbai (P.W.2) counted the money twice and found it amounting to Rs. 19,82,800/-.
6.2 Mr. Pher Rymbai as the
