TMI Blog2000 (12) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... facts. Appellant was manager of a Milk Chilling Centre attached to Andhra Pradesh Dairy Development Co-operative Federation. He is alleged to have received bribe money of ₹ 500/- from a milk-transporting contractor (PW1-Satya Prasad). He was caught red handed on 20.4.1989 in a trap arranged by the officials of the Anti Corruption Bureau (ACB). They charge-sheeted him before a Special Court for offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. After trial the Special Judge convicted him and sentenced him to rigorous imprisonment for two years and a fine of ₹ 2000/- under each of the above counts. The High Court of Andhra Pradesh confirmed the conviction but reduced the sentence of imprisonment to a period of one year. This appeal is in challenge of the said conviction and sentence. A summary of the allegations made against the appellant are thess: PW1-Satya Prasad was to get some amount from Andhra Pradesh Dairy Development Corporation for transporting milk to or from the Milk Chilling Centre at Luxettipet (Adilabad district). He approached the appellant for taking prompt steps so as to enable him to get the money disbursed. But appellant dema ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y employing PW1 and PW2. According to the appellant, the tainted currency notes were forcibly stuffed into his pocket. He examined two witnesses on the defence side and both of them said that on the dates when the alleged demand was made by the appellant he was on tour at a different place. Both the trial court and the High Court disbelieved the defence evidence in toto and found that PW1 and PW2 were won over by the appellant and that is why they turned against their own version recorded by the investigating officer and subsequently by a magistrate under Section 164 of the Code. The Special Judge ordered those two witnesses to be prosecuted for perjury and the said course suggested by the trial judge found approval from the High Court also. In the appeal the High Court dealt with the contention that it is not possible to draw any presumption against the delinquent public servant in the absence of direct evidence to show that the public servant demanded bribery and that the same was paid to him. Learned single judge of the High Court observed thus on that aspect: It is true that there is no direct evidence in this case that the accused demanded and accepted the money. But the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d upon the veracity of the testimony of the witnesses. But the contention raised by the learned counsel in this case on the point convassed by him cannot find any support from the said decision either. While adverting to the first contention of the learned counsel we may reproduce Section 20(1) of the Act. [That sub- section is virtually the same as Section 4(1) of the predecessor Act of 1947]. 20(1) Presumption where public servant accepts gratification other than legal remuneration. -(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such evidence as would induce a reasonable man to come to a particular conclusion . The said observation has stood the test of time and@@ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII can now be followed as the standard of proof. In reaching the conclusion the court can use the process of inferences to be drawn from facts produced or proved. Such inferences are akin to presumptions in law. Law gives absolute discretion to the court to presume the existence of any fact which it thinks likely to have happened. In that process the court may have regard to common course of natural events, human conduct, public or private business vis- -vis the facts of the particular case. The discretion is clearly envisaged in Section 114 of the Evidence Act. Presumption is an inference of a certain fact drawn from other proved facts. While inferring the existence of a fact from another, the court is only applying a process of intelligent reasoning which the mind of a prudent man would do under similar circumstances. Presumption is not the final conclusion to be drawn from other facts. But it could as well be final if it remains undisturbed later. Presumption in Law of Evidence is a rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant only after lapse of a period of 4 years and that too when appellant faced the trial in the court. From those proved facts the court can legitimately draw a presumption that appellant received or accepted the said currency notes on his own volition. Of course, the said presumption is not an inviolable one, as the appellant could rebut it either through cross-examination of the witnesses cited against him or by adducing reliable evidence. But if the appellant fails to disprove the presumption the same would stick and then it can be held by the court that the prosecution has proved that appellant received the said a mount. In Raghubir Singh vs. State of Haryana [1974 (4) SCC 560] V.R. Krishna Iyer, J, speaking for a three Judge Bench, observed that the very fact of an Assistant Station Master being in possession of the marked currency notes against an allegation that he demanded and received that amount is res ipsa loquitur. In this context the decision of a two Judge Bench of this Court (R.S. Sarkaria and O. Chinnappa Reddy, JJ) in Hazari Lal vs. Delhi (Delhi Administration) [1980 (2) SCC 390] can usefully be referred to. A police constable was convicted under Section 5(2) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he line of approach which we have adopted now. We may say with great respect to the learned Judges of the two Judge Bench that the legal principle on this aspect has been correctly propounded therein. Regarding the second limb of the contention advanced by Shri Nageshwar Rao, learned counsel for the appellant (that it was not gratification which the appellant has received) we think it is not necessary to deal with the matter in detail because in a recent decision rendered by us the said aspect has been dealt with at length. [Vide Madhukar Bhaskarrao Joshi vs. State of Maharashtra, JT 2000 (supple.2) SC 458]. The following statement made by us in the said decision would be the answer to the aforesaid contention raised by the learned counsel: The premise to be established on the facts for drawing the presumption is that there was payment or acceptance of gratification. Once the said premise is established the inference to be drawn is that the said gratification was accepted as motive or reward for doing or forbearing to do any official act. So the word gratification need not be stretched to mean reward because reward is the outcome of the presumption which the court has to draw on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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