TMI Blog1990 (11) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Adoni Range from November 1972. In 1975 the appellant summoned PW-1 to the Range Office and instructed him to permit grazing of goats in his beat and to collect mamools (bribe amount) from the owners thereof and pay a sum of ₹ 200/- to the first appellant and ₹ 100/- to the second appellant every month. Though PW-1 pleaded his inability to comply with the demand of the appellants, the appellants, however, insisted on collection of mamools from the owners of goats and also threatened PW-1 stating that an adverse report for his premature retirement would be sent against him, if he failed to comply with their demand. Helpless as he was, PW-1 collected mamools and paid the amounts to the appellants as demanded by them for four ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the signal in case the appellants had received the amount. Accordingly, PW-1 met both the appellants who asked him as to whether he had brought the money. Immediately, PW-1 gave MOs 1 and 2 to the first appellant and MOs 3 to 11 to the second appellant. Both the appellants received that amount and kept them in their respective shirt pockets. As prearranged, PW-1 gave the signal. Immediately PW-5 rushed to the office with the witnesses and recovered the amount from the shirt pockets of the respective appellants after conducting the required phenopthelene test. The appellants on being questioned stated that PW-1 had repaid only the hand loans which they had advanced earlier. PW-5 arrested both the appellants and examined PWs 1 and 3. After ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on enacted in Section 4(1) of the Prevention of Corruption Act in respect of the offence punishable under Section 161 of the Indian Penal Code. 4. During the hearing of this appeal, it was brought to our notice that the first appellant died on 6.12.1980. In this connection, it may be noted that after the hearing of the appeal the son of the appellant (since deceased) by name, Ravi Kumar has filed Crl. M.P. No. 6385/90 seeking leave of this Court to permit him to continue the appeal so that in case of acquittal he being the legal representative of the deceased first appellant could secure the consequential benefits that may accrue as a result of the acquittal. In the same petition, one more prayer is made to condone the delay, if any, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication has become liable to be rejected on the ground of limitation. 7. Further as we have pointed out above, no sufficient cause is shown for condonation of the delay except stating that the petitioner, Ravi Kumar would be deprived of securing the consequential benefits to which he would be entitled in case his application is allowed and his deceased father is notionally acquitted. This reasoning cannot be accepted. Hence we reject his application and hold that the appeal abates so far as the first appellant is concerned. 8. Now the appeal of the second appellant remains to be considered. This appellant has accepted the receipt of the amount of ₹ 100/-. Therefore, as per Section 4(1) of the Prevention of Corruption Act, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from the village to prove 'he factum of collection of the alleged mamools. In the absence of such evidence, it cannot be safely concluded that the appellant demanded PW-1 to collect mamools and pay the same to him as a motive or reward for allowing the farmers to graze their cattle in the forest. 11. Under these circumstances, we are unable to agree with the finding of the High Court that the prosecution has established the charges levelled against the second appellant. In the absence of such, evidence regarding the demand of the mamools as a motive or reward the explanation offered by the appellant cannot be simply thrown away as unworthy of acceptance. 12. For all the reasons stated above, we hold that the prosecution has not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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