Sustainability of sentence awarded in truth the sections.

This appeal is preferred against the conviction and sentence by the Special Judge, Tiruchirapalli, in C.C. No. 2 of 1958.

The accused P.S. Aravamuda Ayyangar was employed as Progress Supervisor, Golden Rock Workshop, Southern Railway. It is in evidence that notwithstanding the fact that at the time of the commission of the offence in question the accused was getting a salary of Rs. 320 plus Rs. 70 clearness allowance, per month, and his wife seems to be a musical instructor having occasional engagements in the All India Radio also, he was not in flourishing circumstances. Till May, 1957, his salary stood attached in execution of a simple money decree and he was getting only between Rs. 156 odd and Rs. 197 odd by way of net salary. It is also possible that the accused was leading a standard of life a cut above his resources. But in these cases of corruption it is not possible, however to find out the motive, because incorruptibility depends upon the strength of character and not upon the financial resources. It is within our common experience that many low-paid servants are incorruptible and many high-paid servants are corrupt. It is not possible therefore for us to delve into the minds of these people taking bribes, because as has been well said “ The devil himself knoweth not the thoughts of man”. In this case, however, we have the evidence that the accused was not in such financial circumstances that he would be above all temptation. It is also possible that when he is on the verge of retirement he wanted as much money as possible when the going was good, because nobody would give him bribes after retirement.

Chenniyappan P.W. 2 resides near Erode. In June, 1957, he came to Golden Rock to find out if he can get employment as a kalasi in the Golden Rock Workshop. He made enquiries of some persons in Golden Rock about the job and learnt that if he contacted the accused who was residing in H-1 Quarters, Golden Rock, he would be able to do something for him. It may be parenthetically pointed out here that much point was made and rightly disbelieved by the lower Court that the accused was not in a position to recruit kalasis a job for which this untrained P.W. 2 was eligible. But unfortunately in this country of illiterates and needy people out to secure a job by hook or by crook, people who are in a position to give job as well as people who pretend that they will be able to secure a job for the applicants by siparsu or otherwise, take money and this is a notorious fact of which judicial notice can be taken. Therefore, P.W. 2 met the accused at 6-30 p.m. on a day in June, 1957) at his requested and required him to advise him how he can get the job of a kalasi. The accused told him that when vacancies arose it will be notified and that if P.W. 2 applied when vacancies were notified he would be sent for. P.W. 2 went to Golden Rock on 2 or 3 further occasions but he was not able to get any information. In the 1st week of August, 1957, P.W. 2 met accused for the second time at his house and asked him if recruitment was likely in the near future. Accused told P.W. 2 that, in a month or two, candidates are likely to be recruited and if P.W. 2 agreed to pay him (accused) Rs. 100 before the end of that month and a further sum of Rs. 100 after P.W. 2 got the appointment, he would help P.W. 2 in getting an application form and also in getting him selected. To this, P.W. 2 who was hard pressed for securing a job readily agreed.

On 19th August, 1957, on information that accused was receiving illegal gratification for securing jobs in the Railway Workshop, Sri A. Devasahayam (P.W. 7) the Inspector of Police, Special Police Establishment, Madras, proceeded to Erode, stayed at the Retiring Room in Erode Railway Station and sent for P.W. 2. P.W. 2 met P.W. 7. I may point out here that on account of the growing civic consciousness in this country it is very fortunate for us that people who give bribes also co-operate with the authorities