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IN THE HIGH COURT OF MADRAS
M. DHANDAPANI, J.
E. Hariharane and Others – Appellants
Versus
State of Tamil Nadu – Respondent
Crl. Appeal Nos. 644, 651 of 2003
Decided On : 04-02-2020
Prevention of Corruption Act- Indian Penal Code.- Corruption and Bribery -A-1 and A-2, were officers of the Indian Police Service, who were, at the relevant points of time, functioning as Director of Fire Service and with regard to certain purchases made by them for the Fire and Rescue Services Department during their respective tenures, initially DVAC probe was initiated against them and, thereafter, CB-CID probe was initiated against them culminating in trial against those persons under the Prevention of Corruption Act and other offences under the Indian Penal Code – Held, On the failing of the charge under Section 120-B IPC, the other offences lose their roots, as without the aid of Section 120-B IPC, it cannot be spelled out or deduced even though the appellant stands directly charged for specific offences, with and without the applicability of Section 120-B IPC. This Court is clearly at a loss to spell out the complicity of the appellants in the loss of money suffered by the exchequer, which could only be said to be illusory, which stands proved even by the prosecutions own case through PW-37, the special audit, which has clearly spelt that no loss has been caused to the Government - Court is only in complete disagreement with the findings rendered by the trial court, which only reveals the total non-application of mind on the part of the trial court to the materials available on record, both oral and documentary. It also shows that the trial court totally got carried away by the figures portrayed than by the materials, in black and white, available before it to come to a reasonable and justifiable conclusion. Therefore, left with no other alternative, this Court is inclined to set aside the conviction and sentence recorded by the trial court as being devoid of any merits and is totally against the materials available on record - Appeals are allowed
JUDGMENT :
M. DHANDAPANI, J.
1. One of the oldest case on the file of this Court on the criminal side, which has been confined within the four walls, serving its life imprisonment and beyond, is being released from incarceration by this common judgment.
2. The appellants in these appeals, viz. A-1 and A-2, were officers of the Indian Police Service, who were, at the relevant points of time, functioning as Director of Fire Service and with regard to certain purchases made by them for the Fire and Rescue Services Department during their respective tenures, initially DVAC probe was initiated against them and, thereafter, CB-CID probe was initiated against them culminating in trial against those persons under the Prevention of Corruption Act and other offences under the Indian Penal Code.
3. Corruption and Bribery, an evil engulfing the society, which needs to be curbed with iron hands and eradicated by weeding out its roots, has fructified in the passage of the Prevention of Corruption Act in the year 1947 and over the passage of time, has seen amendments to it in the year 1952 and 1964 so as to widen its scope and enhancing the penalties for the offences so as to strengthen the provisions by addressing the inadequacy and to deal with corruption more effectively. It underwent an amendment in the year 1988, in and by which punishment for certain offences stood enhanced. Finally, in the year 2013, the Act was amended vide the Amending Act, viz. The Lokpal and Lokayuktas Act, 2013.
4. In the above backdrop of the historical intent of the Parliament in enacting the said legislation, the present appeals are before this Court, filed by the appellants herein, who were arrayed as A-1 and A-2, along with two other accused, viz. A-3 and A-4, against the conviction and sentence recorded by the trial court vide its order dated 4.4.03, made in C.C. No. 1 of 1999. In the said case, the appellants herein, along with the other accused, viz. A-3 and A-4, were charged under various provisions of the Prevention of Corruption Act as also the Indian Penal Code and after trial, the trial court, while found A-1, A-2 and A-3 guilty of the following charges and, accordingly convicted and sentenced them as under, however, found A-4 not guilty of any of the charges framed and, accordingly, acquitted him:-
| Accused | Section | Sentence |
| A-1 | 120-B IPC, 13 (2) r/w 13(1) (C) of PC Act | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/- in default to undergo simple imprisonment for a period of three months. |
| 13 (2) r/w 13 (1)(d)(ii) of PC Act | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/- in default to undergo simple imprisonment for a period of three months. | |
| 409 r/w 109 IPC | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- in default to undergo simple imprisonment for a period of three months. | |
| A-2 | 120-B IPC, 13 (2) r/w 13(1) (C) of PC Act (2 counts) | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/- in default to undergo simple imprisonment for a period of three months. (For each of the count) |
| 13 (2) r/w 13(1)(d)(ii) of PC Act (2 counts) | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/- in default to undergo simple imprisonment for a period of three months. (For each of the count) | |
| 409 r/w 109 IPC (2 Counts) | Convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/- in default to undergo simple imprisonment for a period of three months. (Fo | |
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