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1997 Supreme(P&H) 209
PUNJAB & HARYANA HIGH COURT
A.S.Nehra, J.
Hari Kishan
Versus
State Of Haryana
Criminal Appeal No. 387 of 1987,
Decided On : JANUARY 30, 1997
In a case under Section 5(2) of the Prevention of Corruption Act, the testimony of trap witnesses must be corroborated by independent evidence before the accused can be convicted.
Headnote:
PREVENTION OF CORRUPTION ACT - SECTION 5(1)(D) - DEMAND AND ACCEPTANCE OF BRIBE - INDEPENDENT CORROBORATION - NECESSITY - TRAP WITNESSES - INTERESTED AND PARTISAN WITNESSES - REQUIREMENT OF INDEPENDENT CORROBORATION BEFORE CONVICTION.
Fact of the Case:
Hari Kishan, a Patwari, was accused of demanding and accepting a bribe of Rs. 100 from Daya Singh to sanction a mutation of inheritance relating to his father's estate. Daya Singh reported the matter to the Vigilance authorities, and a trap was laid to catch Hari Kishan red-handed. The appellant was convicted by the Special Judge, Jind, under Section 5(1)(d) of the Prevention of Corruption Act read with Sections 161 and 165 IPC.
Finding of the Court:
The court held that the prosecution had failed to establish the guilt of the appellant beyond reasonable doubt. The court noted that the only independent witness, the District Revenue Officer, was not examined by the prosecution, and that the testimony of the trap witnesses was not corroborated by any other evidence. The court also noted that the appellant had a good service record and that there was no motive for him to demand a bribe.
Issues: 1. Whether the prosecution had established the guilt of the appellant beyond reasonable doubt. 2. Whether the testimony of the trap witnesses was sufficient to convict the appellant in the absence of independent corroboration.
Ratio Decidendi: The court held that in order to convict the appellant, the prosecution had to establish that he had demanded and accepted the bribe in pursuance of the said demand. The court further held that the testimony of the trap witnesses, being interested and partisan witnesses, could not be relied upon without independent corroboration. Since the prosecution had failed to produce any independent corroboration, the court held that the appellant was entitled to the benefit of doubt and acquitted him.
Final Decision: The appeal was allowed, the conviction and sentence of the appellant were set aside, and he was acquitted.
A.S.Nehra, J.
1. This appeal is directed against the judgment and order dated 8.5.1987/13.5.1987 passed by the Special Judge, Jind, by which Hari Kishan, appellant has been convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Sections 161 and 165 IPC. He was sentenced to undergo R.I. for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further R.I. for 3 months under Section 161 IPC and R.I. for one year each under Section 165 IPC and Section 5(1)(d) of the Prevention of Corruption Act. The substantive sentences awarded to the appellant, however, were ordered to run concurrently.
2. Briefly stated, the prosecution case is that one Birja Nand of village Amarheri died in 1983 leaving behind his widow Lachhmi Devi, three daughters and six sons including Hukam Singh and Daya Singh, PW-5. On 19.6.1986, Hukam Singh alongwith Hari Chand Lambardar came and lodged a report, Ex. PD, in the roznamcha of the Patwari with regard to the death of Birja Nand and for entering mutation of his estate. The Patwari entered mutation No. 618 on the basis of the said report on 19.6.1986, and it was verified by the Field Kanungo on 25.9.1986. The said mutation together with some other mutations was put up by the Patwari Hari Kishan before Mr. Des Raj Bindal, Tehsildar (PW-1) on 30.9.1986. As none from the heirs of Birja Nand deceased was present, the Tehsildar recorded their absence under his signatures on that date and mutation case was ordered to be taken up later on. On 27.10.1986, Daya Singh (PW-5) alongwith Mithu (PW-7) went to the house of the appellant at Jind and requested him to enter mutation of inheritance relating to his father. The appellant demanded a bribe of Rs. 100/- to get the mutation sanctioned. Daya Singh did not want to give the bribe and instead decided to report the matter to the Vigilance authorities. Thereafter, he alongwith Mithu (PW-7) went to the office of the State Vigilance Bureau, Jind and made a detailed statement, Ex. PE to Inspector Brij Kishore. It was signed by him in token of its correctness. After making his endorsement on the said statement, Inspector Brij Kishore sent the same through Constable Lakhmi Chand for registration of the case, on the basis whereof formal FIR, Ex. PE/1 was recorded by Inspector Norang Singh (PW-6) at 6.30 PM.
3. Daya Singh PW-5 had also handed over one currency note of Rs. 100/- Ex. P-1 to Inspector Brij Kishore (PW-9), who after preparing memo Ex. PF and noting the serial number of the currency note, treated the said note with phenolphthalein powder and kept it aside. He then searched the person of Daya Singh (PW-5) and having found nothing else, prepared memo, Ex. PG and handed over that currency note to Daya Singh, PW-5. The Inspector then applied that very phenolphthalein powder on a piece of paper and put sodium carbonate powder in a glass containing water. When the said piece of paper was dipped in the chemical solution, the colour of the water turned pink. He then threw away that slip of paper and the water. This demonstration was carried out in presence of Daya Singh (PW-5), Mithu (PW-7), District Revenue Officer Shri Bishna Ram and Head Constable.
4. In the morning, complainant Daya Singh went to the house of the appellant, who told him that he was going to village Ahirka and on his return from there, he would visit complainants house at village Amarheri at about 5.00/5.15 PM. Daya Singh passed on that information to Inspector Brij Kishore (PW-9). Thereafter, Inspector Brij Kishore, accompanied by DRO Bishna Ram complainant, Daya Singh and Mithu (PW.7) went to village Amarheri on bicycles, reaching there at about 5.30 PM. Inspector Brij Kishore directed complainant Daya Singh to hand over the treated currency note to the accused if he asked for bribe, and thereafter to give a signal to Mithu, who was to follow him at some distance, by touching his head with his hand. The signal was to be passed on by the sh
