TaxTMI 
TaxTMI 
TaxTMI 
2007 (8) TMI 727
X X X X Extracts X X X X
X X X X Extracts X X X X
.... under the Prevention of Corruption Act. 2. Shortly stated, the facts are that the appellant (Girja Prasad) was working as Lower Division Clerk (LDC) in the Office of Divisional Ayurved Chikitsa Adhikari, Jabalpur Division, Jabalpur. It was the case of the prosecution that on September 20, 1983, Ramanarain Rajoria, Divisional Ayurved Chikitsa Adhikari, Jabalpur Division, Jabalpur (PW 4) paid surprise visit to Ayurvedic Chikitsalaya, Dindori, District Mandla and found that several members of the staff were absent including the Ayurvedic Chikitsak himself. Consequently, he locked the Ayurvedic Chikitsalaya and returned to Jabalpur. Ramnarain Rajoria was accompanied by the accused Girja Prasad Gupta. On September 27, 1983, the complainant Anup Kumar (PW 1) came to Jabalpur and informed to the Divisional Ayurvedic Chikitsa Adhikari that he was on casual leave from September 7, 1983 to September 11, 1983. He also stated that he had submitted an application for extension of leave upto September 23, 1983 but the same was not available in the Office of Divisional Ayurvedic Chikitsa Adhikari, Jabalpur. On the same day, the Divisional Ayurvedic Chikitsa Adhikari went to Dindori and opened t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... became matmaila . The pocket of the shirt of the accused was separately washed in the solution of the sodium carbonate and the liquid again became matmaila . A panchnama of the proceedings was drawn. Another panch was Jawahar Soni (PW 6). Liquid of the hand-wash and pocket-wash of the accused was separately sealed in two bottles and was sent to the Forensic Science Laboratory. On analysis, it was found by the Chemical Examiner that the pocket- wash of the shirt of the accused was having traces of phenolphthalein powder. Sanction for prosecution of the accused was granted by the State Government. Charge sheet was submitted before the Special Judge. Investigation was conducted and the accused was charged for offences punishable under Section 161, IPC and Sections 5(1)(d) and 5(2) of the Act. 4. The prosecution, in order to prove the case against the accused, inter alia examined PW1-Anup Kumar- Complainant, PW 4-Ramnarain Rajoria, PW 6- Jawahar Soni-Panch II, PW 8-J. M. Wadhwa-Panch I, PW 10-S.K. Tiwari-Inspector of Special Police Establishment. The case of the appellant-accused was of total denial. In his defence, he stated that he had been falsely implicated. 5. It may be stated ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ellant-accused) died. It was stated that Smt. Munni Bai, widow of deceased Girja Prasad had filed an application under proviso to sub-section (2) of Section 394 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ) to allow her to continue the appeal by seeking leave of this Court. The said provision confers right on near relatives of the accused who is convicted and sentenced to imprisonment and who dies during the pendency of the appeal to continue the appeal in certain cases by applying to the Court within thirty days of the death of the appellant. Such application was filed by Munni Bai. The Registry of this Court, however, raised an objection that there was delay of 149 days in filing the application. After hearing learned counsel for the parties, we condoned delay, granted the prayer of applicant-Munni Bai and allowed her to continue the appeal. We, thereafter, heard learned counsel for the parties. 11. The learned counsel for the appellant contended that the High Court was wholly wrong in allowing the appeal against an order of acquittal and in convicting the deceased-accused for offences punishable under Section 161, IPC and Section 5(1)(d) read wi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng anxiously considered the rival contentions of the parties and having gone through the record of the case meticulously, we are of the view that the High Court was wholly justified in setting aside acquittal of the accused and in recording an order of conviction against him. From what is stated above, it is clear that the Trial Court also believed the case of the prosecution that the amount of Rs. 200/- was paid by PW1-Anup Kumar-Complainant to accused Girja Prasad which is clear form the following finding recorded in para 46 of the judgment; Thus from the above evidence from Anup Kumar, it becomes clear that Anup Kumar entrusted Rs. 200/- to the accused so that accused Girja Prasad may give it to Shri Rajoria . 17. The Court then proceeded to state;Clearly the acceptance of Rs. 200/- currency notes by accused Girja Prasad, he was only innocent scarifying goat in the hands of Mr. Rajoria 18. The Trial Court also observed: It goes without saying that accused Girja Prasad worked as innocent carrier to Rajoria misusing his post while performing his official duty or he adopted illegal means for that . 19. To us, the learned advocate for the respondent-State is right in submitting ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....act. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Central or any State Government or Parliament or the Legislature of any State, or with any local authority, corporation or Government company referred to in section 21, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (emphasis supplied) 5(1). Criminal misconduct. (1) A public servant is said to commit the offence of criminal misconduct--- (a) to (c) . (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage. (emphasis supplied) 22. It was, t....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., conviction can be based on such evidence. 25. It is not necessary to refer to various decisions on the point. We may, however, state that before more than half-a-century, in the leading case of Aher Raja Khima v. State of Saurashtra, AIR 1956 SC 217, Venkatarama Ayyar, J. stated: The presumption that a person acts honestly applies as much in favour of a police officer as of other persons, and it is not judicial approach to distrust and suspect him without good grounds therefor. Such an attitude could do neither credit to the magistracy nor good to the public. It can only run down the prestige of the police administration . (emphasis supplied) 26. In Tahir v. State (Delhi), (1996) 3 SCC 338, dealing with a similar question, Dr. A.S. Anand, J. (as His Lordship then was) stated: Where the evidence of the police officials, after careful scrutiny, inspires confidence and is found to be trustworthy and reliable, it can form basis of conviction and the absence of some independent witness of the locality to lend corroboration to their evidence, does not in any way affect the creditworthiness of the prosecution case . 27. Regarding setting aside acquittal by the High Court, the learn....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ds to a public demand for harsher legal presumptions against indicated 'persons' and more severe punishment of those who are found guilty. Thus too frequent acquittals of the guilty may lead to a ferocious penal law, eventually eroding the judicial protection of the guiltless. For all these reasons it is true to say, with Viscount Simon, that "a miscarriage of justice may arise from the acquittal of the guilty no less than from the conviction of the innocent ." In short, our jurisprudential enthusiasm far presumed innocence must be moderated by the pragmatic need to make criminal justice potent and realistic. A balance has to be struck between chasing enhance possibilities as good enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents. (emphasis supplied) 29. Recently, in Chandrappa v. State of Karnataka, (2007) 4 SCC 415 : JT (2007) 3 SC 316, after considering the relevant provisions of the old Code (Code of Criminal Procedure, 1898) and the present Code (Code of Criminal Procedure, 1973) and referring to decisions of the Privy Council and of this Court, one of us (C.K. Thakker, J.) laid down certain general princ....