IMPORTANT POINT
Section 34, IPC - Common intention.

JUDGMENT

Dipak Misra, J.

Leave granted.

2. The present Appeal by Special Leave is directed against the judgment of conviction and order of sentence dated 29.12.2012 in Criminal Appeal No. 466 of 2005 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad whereby the Division Bench, while maintaining the conviction for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity “the Act”) read with Section 34, I.P.C. since the accused-appellant was convicted along with another accused, namely, Mohd. Shafi-Ul-Haq, recorded by the Principal Special Judge for S.P.E. and A.C.B. Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, in C.C. No. 11 of 1995, reduced the sentence to that of simple imprisonment for six months for the offence punishable under Section 7 and to one year under Section 13(1)(d) read with Section 13(2) of the Act instead of one year and two years respectively as imposed by the learned Special Judge with the further stipulation that both the sentences shall be concurrent.

3. The facts in a nutshell are that on 4.1.1994, PW-2, Mohd. Shareef, a driver in the Cuddapah Transport Company, Hyderabad was driving a lorry bearing No. AP 04-T-372 in Hyderabad near Tadbund and was proceeding towards Musheerabad locality via Santoshnagar cross-road, the places situated in between Hyderabad-Secunderabad twin cities.

When the said lorry reached Santoshnagar cross-road, the accused- appellant (hereinafter referred to as “the accused”) along with the other accused stopped the vehicle on the pretext that the lorry had entered the ‘No Entry Zone’. The accused took away the documents of the vehicle from the driver, PW-2, and all excuses fell on deaf ears and a demand was made for Rs.100/- towards illegal gratification for return of the documents and not to book a case against him. PW-2, who was asked to pay the amount by the evening, did not have any intention to give the bribe and, accordingly, approached the Deputy Superintendent of Police, Hyderabad, PW-6, and lodged a complaint, Ext. P-15, on 4.1.1994 about 3.45 P.M. and the said complaint was registered as F.I.R., Ext. P-16. PW-6 held a pre-trap proceeding by securing the presence of four persons including one S. Prakash, who has been examined as PW-5 by the prosecution. As the evening approached, the trap party along with others and PW-2 reached Kamal Talkies about 7.00 P.M. where PW-2 met the accused persons at Chadarghat Junction. As the story further gets unfurled, PW-2 was asked by the accused to meet accused No. 2, Mohd. Shafi-Ul-Haq, who, in turn, directed him to wait at the Traffic Police Station where the documents of the vehicle were kept. About 7.20 P.M., PW-2 reached the Traffic Police Station and the trap party followed him as per the previous arrangement. Accused No. 2 accepted the bribe amount of Rs.100/- in the presence of the present appellant and returned the documents. Thereafter, on signal being given, PW-6 along with the trap party reached the place, seized the amount from the shirt pocket of accused No. 2 and completed the other formalities. After completing the investigation, chargesheet was laid before the learned Special Judge who, on the basis of the materials brought on record, framed charges against them on 5.12.1995. The accused persons pleaded not guilty and claimed to be tried.

4. The prosecution, in order to bring home the guilt of the accused persons, examined seven witnesses, got sixteen documents exhibited and marked eleven material objects. On the basis of the evidence brought on record, the learned Special Judge came to hold that the money was recovered from accused No. 2 and there being no cogent, credible and acceptable explanation given by him and regard being had to the other circumstances, the presumption as provided under Section 20 of the Act was attracted. That apart, the learned Special Judge held that there was a consensus as regards th