IMPORTANT POINT
Demand and acceptance of bribe is sine qua non for invoking section 7 and 13 of the PC Act, 1988.

JUDGMENT

V.GOPALA GOWDA, J.

Leave granted.

2. This appeal is filed by the appellant against the impugned judgment and order dated 22.05.2014 passed by the High Court of Kerala, at Ernakulam in Criminal Appeal No.108 of 2001, whereby the High Court has partly allowed the appeal of the appellant and upheld the order of conviction recorded by the Court of Ld. Enquiry Commissioner and Special Judge, Thiruvananthapuram, vide its judgment and order dated 30.01.2001 in C.C No. 63 of 1999 and convicted the appellant for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’) with rigorous imprisonment for a period of one year and a fine of Rs.10,000/- and in default of payment of fine, to further undergo six months simple imprisonment.

3. For the purpose of considering the rival legal contentions urged on behalf of the parties in this appeal and with a view to find out whether this Court is required to interfere with the impugned judgment of the High Court, the necessary facts are briefly stated hereunder:

It is the case of the prosecution that the appellant, who was the “station writer” at the Fort Police Station, Thiruvananthapuram, demanded a sum of Rs.1500/- from the complainant PW2, for releasing certain articles belonging to him, which were taken into custody by the police. PW2 was the surety to an accused in a criminal case pending before the Judicial First Class Magistrate-II, Thiruvanathapuram and since the accused in that particular case had absconded, PW2 was ordered to pay Rs.3000/- as penalty and a warrant was issued against him in this regard. Therefore, he was apprehended by the police and his personal belongings, including the bicycle, wallet, fountain pen, etc. were retained by the police. PW2 was subsequently released by the Magistrate, wherein he was given further time to remit the money. It is the case of the prosecution that when PW2 approached the police station on 09.12.1998, to get back his belongings, the station writer demanded an amount of Rs.1500/- as bribe for returning the articles which were seized by the police.

4. PW2 approached PW6, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Special Investigation Unit, Thiruvanathapuram and gave a First Information Statement, upon which an F.I.R. was registered against the appellant. Thereafter, a trap was arranged by PW6 and the appellant was arrested for the offences punishable under Sections 7 and 13(1) (d) of the Act. The Investigation Officer after completing all the formalities filed the final report before the Special Judge after framing the charges against the appellant. Several witnesses were examined and various documents were produced as evidence by the prosecution in support of the charges against the appellant.

5. The learned Special Judge on appreciation of the evidence on record found that the appellant was guilty of the offences punishable under Sections 7 and 13(1) (d) read with Section 13(2) of the Act and thereby he had convicted and sentenced him with 3½ years of imprisonment each under Sections 7 and 13(1)(d) of the Act and further ordered that the sentence must run concurrently. Aggrieved by the judgment and order of the Trial Court, the appellant had preferred an appeal before the High Court, questioning the correctness of the same and urging various legal grounds. The High Court on re-appreciation of the evidence has partly allowed the appeal of the appellant. The High Court held that the conviction of the appellant under Section 7 of the Act is not warranted as the essential element of demand of illegal gratification by the appellant, from the complainant, is not proved. However, the High Court has held that there is a strong evidence against the appellant under Section 13(1)(d) of the Act to show his culpability. The High Court further held that there is sufficient evidence to prove that PW2 had paid two decoy notes of Rs.1