Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

VINOD KUMAR Versus STATE OF PUNJAB

2015 (1) TMI 1357 - SUPREME COURT

Offence registered under the Prevention of Corruption Act - Testimony of a hostile evidence - Held that:- In the instant case, PW-8, who was a member of the raiding party had sent the report to the police station and thereafter carried the formal investigation. In fact, nothing has been put to him to elicit that he was anyway personally interested to get the appellant convicted. - Even if a witness is characterised has a hostile witness, his evidence is not completely effaced. The said evide .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d have been absolutely appropriate on the part of the learned trial Judge to finish the cross-examination on the day the said witness was examined. As is evident, for no reason whatsoever it was deferred and the cross-examination took place after 20 months. The witness had all the time in the world to be gained over. We have already opined that he was declared hostile and re-examined. It is settled in law that the testimony of a hostile witness can be relied upon by the prosecution as well as th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

signed his statement dated 13.9.99 after going through and admitting it to be correct. It has come in the re-examination that he had not stated in his statement dated 13.9.99 in the Court that recovery of tainted money was not effected in his presence from the accused or that he had been told by the Inspector that amount has been recovered from the accused. He had also not stated in his said statement that the accused and witnesses were taken to the Tehsil and it was there that he had signed all .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

partment at any time and no recovery was made in his presence. The said part of the testimony, in our considered view, does not commend acceptance in the backdrop of entire evidence in examination-in-chief and the re-examination. The evidence of PW6 and PW7 have got corroboration from PW8. He in all material particulars has stated about the recovery and proven the necessary documents pertaining to the test carried with phenolphthalein powder. The fact remains that the appellant’s pocket containe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en by the prosecution. It is not a case that there is no other evidence barring the evidence of the complainant. On the contrary there are adequate circumstances which establish the ingredients of the offences in respect of which he was charged. - Criminal Appeal No(s).554/2012 - Dated:- 21-1-2015 - DIPAK MISRA AND ROHINTON FALI, JJ. For the Appellant : Mr. Sushil Kumar Jain, Sr. Adv., Mr. Puneet Jain, Adv., Ms. Khushbu Jain, Adv., Mr. Abhinav Gupta, Adv., Mr. Manu Maheshwari, Adv., Ms. Pratibha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ting the trial and the unfathomable reasons for acceptation of such prayers for adjournments by the trial courts, despite a statutory command under Section 309 of the Code of Criminal Procedure, 1973 (CrPC) and series of pronouncements by this Court. What was a malady at one time, with the efflux of time, has metamorphosed into malignancy. What was a mere disturbance once has become a disorder, a diseased one, at present. 2. The instant case frescoes and depicts a scenario that exemplifies how d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

te the malevolent and injurious assault, the cause of justice has survived, for there is, in the ultimate eventuate, a conviction which is under assail in this appeal, by special leave. 3. The narration of the sad chronology shocks the judicial conscience and gravitates the mind to pose a question, is it justified for any conscientious trial Judge to ignore the statutory command, not recognize the felt necessities of time and remain impervious to the cry of the collective asking for justice or g .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ery disturbing scenario. As is demonstrable from the record, the trial was conducted in an extremely haphazard and piecemeal manner. Adjournments were granted on a mere asking. The cross-examination of the witnesses was deferred without recording any special reason and dates were given after a long gap. The mandate of the law and the views expressed by this Court from time to time appears to have been totally kept at bay. The learned trial Judge, as is perceptible, seems to have ostracised from .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. Be it noted, in the said case, the following passage from Swaran Singh V. State of Punjab (2000) 5 SCC 668 , was reproduced. It has become more or less a fashion to have a criminal case adjourned again and again till the witness tires and gives up. It is the game of unscrupulous lawyers to get adjournments for one excuse or the other till a witness is won over or is tired. Not only is a witness threatened, he is abducted, he is maimed, he is done away with, or even bribed. There is no protecti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n that day. The court must know that most of the witnesses could attend the court only at heavy cost to them, after keeping aside their own avocation. Certainly they incur suffering and loss of income. The meagre amount of bhatta (allowance) which a witness may be paid by the court is generally a poor solace for the financial loss incurred by him. It is a sad plight in the trial courts that witnesses who are called through summons or other processes stand at the doorstep from morning till evenin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the High Court. Elucidating the factual score, be it noted, the instant appeal is directed against the judgment and order dated 13.10.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1280-SB of 2001 (O&M) wherein the learned Single Judge has given the stamp of approval to the judgment and order dated 24.10.2001 passed by the learned Special Judge, Patiala whereby he had convicted the appellant under Section 7 and 13(2) of the Prevention of Corruption .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was struck that the accused-appellant would be paid ₹ 500/- per month for the smooth operation. As the prosecution story further unfolds, on 25.1.1995, Baj Singh met Jagdish Verma, PW-7, and disclosed before him the fact about the demand of the accused for permitting the entry of the tractor trolley inside the municipal area and thereafter, as he was not desirous of obliging the accused, he narrated the entire story to DSP Vigilance, who in his turn, with the intention to lay the trap, ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. The statements of the witnesses were recorded and after completing the investigation chargesheet was placed for the offences punishable under Sections 7 and 13(2) of the Act. 9. To bring home the charges against the accused-appellant, the prosecution examined eight witnesses. PW-1 to PW-4 are formal witnesses. PW-5, the complainant resiled from his previous statement and was cross-examined by the prosecution. Sher Singh, PW-6, a clerk in the office of Tehsildar, Rajpura had joined the police p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nducting of the raid and recovery of the amount. 10. The accused, in his statement under Section 313 CrPC, denied the allegations and took the plea of false implication due to party faction and animosity. It was his further stand that he was brought from his office and was taken to the office of the Tehsildar and thereafter to the Vigilance office. 11. The learned trial Judge, on the basis of the evidence brought on record, came to hold that though the complainant had not supported the case of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the same could not have been pervertedly filtered by the learned trial Judge to convict the accused-appellant for the crime in question. It was also urged that mere recovery of the currency notes would not constitute the offence under Section 7 of the Act. It was also propounded that the offence under Section 13(2) of the Act would not get attracted unless the demand and acceptance were proven. Non-involvement of any independent witness in the raid was also seriously criticised. The High Court .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

miner s report of the hand wash liquid and came to hold there had been acceptance of bribe. Relating to the recovery of the tainted money, the High Court took note of the fact that the ocular testimony had been duly corroborated by the documentary evidence and hence, the recovery had been proved. 13. Be it noted, the High Court placed reliance upon Raghubir Singh V. State of Haryana (1974) 4 SCC 560 and Madhukar Bhaskarrao Joshi V. State of Maharashtra (2000) 8 SCC 571 and eventually came to hol .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

learned trial Judge to record a conviction against the accused. It is his submission that on the basis of the testimony of PW-6 to PW-8, the conviction could not have been recorded, for Sher Singh, PW-6, is not a witness either to the demand or acceptance of the bribe by the appellant and further the version PW-7 requires careful scrutiny, regard being had to the fact that he is a hostile witness. It is also urged that the evidence of PW-8 deserves to be discarded as he is an interested witness. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

m that the High Court has failed to appreciate the importance of cross-examination of PW-7 and hence, the judgment affirming the conviction is absolutely flawed. To buttress the said submission, reliance has been placed on Sat Paul V. Delhi Administration (1976) 1 SCC 727. It is the further stand of Mr. Jain, learned senior counsel that the evidence of the trap witnesses, PW-6 and PW-8 should have been wholly ignored as they are partisan witnesses and their statements could not have been given a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

x, the presumption under Section 20 of the Act would not be attracted. To substantiate the said proposition, strength has been drawn from C.M. Girish Babu V. C.B.I., Cochin (2009) 3 SCC 779 and Benarsi Das V. State of Haryana (2010) 4 SCC 450 . 17. The last plank of submission of Mr. Jain, is that in the instant case, the prosecution was launched by Narinder Pal Kaushal, PW-8, who has investigated into the case and, therefore, the concept of fair investigation, has been totally marred as a conse .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ould contend that the view expressed by the learned trial Judge and the High Court cannot be found fault with, for a conviction under the Act can be based on the evidence of trap witnesses, if they are trustworthy and the ingredients of the offence are satisfied and in the case at hand, the High Court on x-ray of the evidence has so recorded. It is urged by him that neither the learned trial Judge nor the High Court has fallen into error by applying the principle of presumption as engrafted unde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to say on the facet of anguish expressed by us in the beginning, we shall proceed to deal with the proponement of Mr. Jain that when the investigation conducted by Mr. Narinder Pal Kaushal, PW-8, is vitiated on the foundation that he has lodged the FIR, the trial is also vitiated. Though the said submission has been raised and taken note of by us as the last plank, yet we think it seemly to deal with it first as it goes to the root of the matter. On a perusal of the material on record, it is ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the evidence of the witness of the raiding party must be discarded in the absence of any independent corroboration. The larger Bench proceeded to state thus: ......The correct rule is this: if any of the witnesses are accomplices who are particeps criminis in respect of the actual crime charged, their evidence must be treated as the evidence of accomplices is treated; if they are not accomplices but are partisan or interested witnesses, who are concerned in the success of the trap, their evide .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e of a trap witness, the court opined that though a trap witness is not an approver, he is certainly an interested witness in the sense that he is interested to see that the trap laid by him succeeds. The Court further laid down that he can at least be equated with a partisan witness and it would not be admissible to rely upon his evidence without corroboration, but his evidence is not a tainted one. 21. In Bhanupratap Hariprasad Dave (supra), the Court observed that the police witnesses can be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

this Court that while in the case of evidence of an accomplice, no conviction can be based on his evidence unless it is corroborated in material particulars but as regards the evidence of a partisan witness it is open to a court to convict an accused person solely on the basis of that evidence, if it is satisfied that that evidence is reliable. But it may in appropriate case look for corroboration . 22. In MO Shamshuddin (supra), the Court, after referring to the decisions in DPP V. Hester (1972 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

id down with respect to quantum of evidence corroborating the testimony of a trap witness which again would depend upon its own facts and circumstances like the nature of the crime, the character of trap witness etc. and other general requirements necessary to sustain the conviction in that case. The court should weigh the evidence and then see whether corroboration is necessary. Therefore as a rule of law it cannot be laid down that the evidence of every complainant in a bribery case should be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

said authorities it is clear that a trap witness is an interested witness and his testimony, to be accepted and relied upon requires corroboration and the corroboration would depend upon the facts and circumstances, nature of the crime and the character of the trap witness. 23. There is no doubt that the status of PW8 is that of an interested witness. There is no cavil over the fact that he had sent the FIR and conducted the investigation, but the question posed is whether the investigation by h .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ourt does not interfere with concurrent findings of fact reached by the trial court and the High Court on an appreciation of the evidence. But this is one of those rare and exceptional cases where we find that several important circumstances have not been taken into account by the trial court and the High Court and that has resulted in serious miscarriage of justice calling for interference from this Court. We may first refer to a rather disturbing feature of this case. It is indeed such an unus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ant himself be the investigator? In fact, Head Constable Ram Singh, being an officer below the rank of Deputy Superintendent of Police, was not authorised to investigate the case but we do not attach any importance to that fact, as that may not affect the validity of the conviction. The infirmity which we are pointing out is not an infirmity arising from investigation by an officer not authorised to do so, but an infirmity arising from investigation by a Head Constable who was himself the person .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(Prevention) Act, 1985. In that context the Court observed that the testimony of the said witnesses did not inspire confidence about the reliability of the prosecution s case. Proceeding further, the Court held: .... We have also noted another disturbing feature in this case. PW 3, Siri Chand, Head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information report was lodged an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

004) 5 SCC 223 wherein the Court posed the question whether the High Court was justified in quashing the criminal proceedings on the ground that the police officer, who had lodged/recorded the FIR regarding the suspected commission of certain cognizable offence by the respondent should not have investigated the case. The case against the accused was that he was indulging in corrupt practices by extracting money from the drivers and owners of the motor-vehicles while conducting check of the vehic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

isable offence. Section 156 thereof authorises such an officer to investigate any cognisable offence prescribed therein. Though ordinarily investigation is undertaken on information received by a police officer, the receipt of information is not a condition precedent for investigation. Section 157 prescribes the procedure in the matter of such an investigation which can be initiated either on information or otherwise. It is clear from the said provisions that an officer in charge of a police sta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt police officer, on the basis of information received, makes out an FIR incorporating his name as the informant, he forfeits his right to investigate. If at all, such investigation could only be assailed on the ground of bias or real likelihood of bias on the part of the investigating officer. The question of bias would depend on the facts and circumstances of each case and it is not proper to lay down a broad and unqualified proposition, in the manner in which it has been done by the High Cou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the investigation after registering the crime, does not, by any semblance of reasoning, vitiate the investigation on the ground of bias or the like factor. If the reason which weighed with the High Court could be a ground to quash the prosecution, the powers of investigation conferred on the police officers would be unduly hampered for no good reason. What is expected to be done by the police officers in the normal course of discharge of their official duties will then be vulnerable to attack. B .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

investigation and hence, the entire investigation was vitiated. The Court referred to the decision in Jayapaul (supra) and opined thus: In the instant case, PW 8 conducted the search and recovered the contraband article and registered the case and the article seized from the appellants was narcotic drug and the counsel for the appellants could not point out any circumstances by which the investigation caused prejudice or was biased against the appellants. PW 8 in his official capacity gave the i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

et the appellant convicted. In our considered view, the decision in S. Jeevanatham (supra) would be squarely applicable to the present case and, accordingly, without any reservation we repel the submission so assiduously urged by Mr. Jain, learned senior counsel for the appellant. 29. The next aspect which requires to be adverted to is whether testimony of a hostile evidence that has come on record should be relied upon or not. Mr. Jain, learned senior counsel for the appellant would contend tha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

id evidence remains admissible in the trial and there is no legal bar to base a conviction upon his testimony, if corroborated by other reliable evidence. In Khuji @ Surendra Tiwari V. State of Madhya Pradesh (1991) 3 SCC 627 , the Court after referring to the authorities in Bhagwan Singh (supra), Rabindra Kumar Dey V. State of Orissa (1976) 4 SCC 233 and Syad Akbar V. State of Karnataka (1980) 1 SCC 30, opined that the evidence of such a witness cannot be effaced or washed off the record altoge .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ought down in cross-examination. No doubt, ambiguities can be resolved through re-examination. But that is not the only function of the re-examiner. If the party who called the witness feels that explanation is required for any matter referred to in cross-examination he has the liberty to put any question in re-examination to get the explanation. The Public Prosecutor should formulate his questions for that purpose. Explanation may be required either when the ambiguity remains regarding any answ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uld be elicited from the witness he can do so, in which case the only requirement is that he must secure permission of the court. If the court thinks that such new matters are necessary for proving any material fact, courts must be liberal in granting permission to put necessary questions . 31. We have reproduced the aforesaid paragraphs to highlight that when the prosecution has such a right in the process of re-examination, as a natural corollary, the testimony of a hostile witness cannot be b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as propounded that testimony of PW7 deserves to be discredited, and the learned trial Judge as well as the High Court having not ignored have committed a grave error. We will be dealing with the aspect whether the evidence of PW-7 should be totally ignored or not while we will be dwelling upon the credibility and acceptability of his testimony. 33. As a contention has been raised that once the informant has resiled totally from his earlier statement no conviction can be recorded on the basis of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n. Official witnesses had supported the prosecution version. Keeping in mind the evidence of the official witnesses the trial Court had convicted the appellant therein which was affirmed by the High Court. A contention was raised that in the absence of any direct evidence to show that the police constable demanded or accepted bribery no presumption under Section 4 of the Act, 1947 could be drawn merely on the strength of recovery of the marked currency notes from the said police constable. Chinn .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the common course of natural events, human conduct and public and private business, in their relation to facts of the particular case. One of the illustrations to Section 114 of the Evidence Act is that the court may presume that a person who is in possession of the stolen goods soon after the theft, is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. So too, in the facts and circumstances of the present case the court may presume th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2 SCC 227 was pressed into service. In the case of Sita Ram (supra) the complainant had turned hostile in the court of Special Judge. However, the trial Judge convicted the accused who was tried along with another accused, namely, Vikram Singh. The High court on appreciation of the evidence acquitted Vikram Singh but maintained the conviction against Sita Ram. This Court opined that the presumption under Section 4(1) of the 1947 Act could not be drawn in the facts of the case. The question, whe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

it was held that mere recovery of money was not enough to entitle the drawing of the presumption under Section 4(1) of the Prevention of Corruption Act. The Court did not consider the further question whether recovery of the money along with other circumstances could establish that the accused had obtained gratification from any person. In the present case we have found that the circumstances established by the prosecution entitled the court to hold that the accused received the gratification fr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n from some person the court would certainly be entitled to draw the presumption under Section 4(1) of the Prevention of Corruption Act. In our view both the decisions are of no avail to the appellant and as already observed by us conclusions of fact must be drawn on the facts of each case and not on the facts of other cases. 35. In this context it would be germane to understand what has been stated in M. Narsinga Rao v. State of A.P (2001) 1 SCC 691. In the said case, allegations against the ac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ame. But before handing over the money to him he lodged a complaint with DSP of Anti-Corruption Bureau. On the basis of the said complaint all arrangements were made for a trap to catch the corrupt public servant red-handed. Thereafter the Court adverted how the trap had taken place. The court took note of the fact that PW1 and PW2 made a volteface in the trial court and denied having paid any bribery to the appellant and also denied that the appellant demanded the bribe amount. The stand of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on over by the appellant and that is why they turned hostile against their own version recorded by the investigating officer and subsequently by a Magistrate under Section 164 of CrPC. The Special Judge ordered the witnesses to be prosecuted for perjury and the said course suggested by the trial Judge found approval of the High Court also. While dealing with the controversy this court took note of the fact that the High Court had observed that though there was no direct evidence to show that the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eeded in establishing with direct evidence that the delinquent public servant had accepted or obtained gratification. It was further urged that it was not enough that some currency notes were handed over to the pubic servant to make it acceptance of gratification and it was incumbent on the part of the prosecution to further prove that what was paid amounted to gratification. In support of the said contention reliance was placed on Sita Ram (supra) and Suraj Mal v. State (Delhi Admn.) (1979) 4 S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e, 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 the appellant received the said amount. 36. It is apt to note here the three-Judge Bench referred to the observations in Hazari Lal (supra) and opined thus:- The aforesaid observation is in consonance with the lin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for renewal of his licence for the fair price shop. The court referred to Section 7 of the Act and observed as follows:- Insofar as the offence under Section 7 is concerned, it is a settled position in law that demand of illegal gratification is sine qua non to constitute the said offence and mere recovery of currency notes cannot constitute the offence under Section 7 unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe. The a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was allegedly handed over to the accused by the complainant, to prove that the same was pursuant to any demand made by the accused. When the complainant himself has disowned what he had stated in the initial complaint (exbt. P-11) before LW-9, and there is no other evidence to prove that the accused had made any demand, the evidence of PW-1 and contents of Exbt. P-11 cannot be relied upon to come to the conclusion that the above material furnishes proof of the demand allegedly made by the accuse .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

also will be conclusive insofar as the offence under Section 13(1)(d)(i)(ii) is concerned as in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing of pecuniary advantage cannot be held to be established. 38. The said principle has been followed in M.R. Purushotham v. State of Karnataka 2014 (11) SCALE 467 . On an attentive and cautious reading of the aforesaid decisions it is not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ies in B. Jayaraj (supra) and M.R. Purushotam (supra) do not lay down as a proposition of law that when the complainant turns hostile and does not support the case of the prosecution, the prosecution cannot prove its case otherwise and the court cannot legitimately draw the presumption under Section 20 of the Act. Therefore the proposition, though industriously, presented by Mr. Jain that when Baj Singh, PW5, the complainant, had turned hostile the whole case of the prosecution would collapse is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t some distance along with Narinder Pal Kaushal who was waiting for signal and on receiving signal they went inside the octroi post. As per his testimony Narinder Pal Kaushal introduced himself as DSP and thereafter a glass of water was procured and sodium was added to it. Both the hands of the accused were dipped in the glass of water and the water turned pink. On search of the accused ₹ 500/- in the denomination of ₹ 100/- were recovered. The numbers tallied with the numbers mentio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fficient to record a conviction unless there is evidence that bribe had been demanded or money was paid voluntarily as bribe. In the absence of any evidence of demand and acceptance of the amount as illegal gratification, recovery would not alone be a ground to convict the accused. This has been so held in T. Subramanian v. The State of Tamil Nadu AIR 2006 SC 836, Madhukar Bhaskarrao Joshi v. State of Maharashtra (2000) 8 SCC 571, Raj Rajendra Singh Seth v. State of Jharkhand and Anr. AIR 2008 S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en deposed by Jagdish Verma, PW7. In examination-in-chief he has deposed that he had met the DSP, Narinder Pal Kaushal who had introduced him to Sher Singh, PW6. He has further stated that he and PW5, Baj Singh, went inside the octroi post where Vinod Kumar demanded bribe from Baj Singh whereupon Baj Singh gave ₹ 500/- to him, and at that juncture, he gave the signal to the vigilance party to come inside where after and they came and apprehended the accused. Apart from stating about the de .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d in the mixture of water and sodium and its colour turned light pink. It was also transferred into a quarter bottle which was duly sealed and was taken into possession vide recovery memo Ex.PJ. The pant was also taken into possession vide recovery memo Ex.PJ. The notes recovered from the accused were compared with the numbers mentioned in the memo and those tallied. The notes were taken into possession vide recovery memo Ex.PF. A sum of ₹ 310/- was recovered from the further search of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rial is to be fair both to the defence and the prosecution as well as to the victim. An offence registered under the Prevention of Corruption Act is to be tried with all seriousness. We fail to appreciate how the learned trial Judge could exhibit such laxity in granting so much time for cross-examination in a case of this nature. It would have been absolutely appropriate on the part of the learned trial Judge to finish the cross-examination on the day the said witness was examined. As is evident .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

epted that he had not made any complaint to the Presiding Officer of the Court in writing or verbally that the Inspector was threatening him to make a false statement in the Court. It has also been accepted by him that he had given the statement in the Court on account of fear of false implication by the Inspector. He has agreed to have signed his statement dated 13.9.99 after going through and admitting it to be correct. It has come in the re-examination that he had not stated in his statement .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e examination-in-chief. But, a significant one, his examination-in-chief and the re-examination impels us to accept the testimony that he had gone into the octroi post and had witnessed about the demand and acceptance of money by the accused. In his cross-examination he has stated that he had not gone with Baj Singh to the vigilance department at any time and no recovery was made in his presence. The said part of the testimony, in our considered view, does not commend acceptance in the backdrop .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ide of the pant pocket were actually prepared by PW8 by smearing them with phenolphthalein powder. The appellant was caught red-handed with those currency notes. In is statement recorded under Section 313 of CrPC he has taken the plea that he is innocent and has been falsely implicated due to animosity. No explanation has been given as regards the recovery. Therefore, from the above facts, legitimately a presumption can be drawn that the accused-appellant had received or accepted the said curren .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ere are adequate circumstances which establish the ingredients of the offences in respect of which he was charged. 41. Before parting with the case we are constrained to reiterate what we have said in the beginning. We have expressed our agony and anguish the manner in which trials in respect of serious offences relating to corruption are being conducted by the trial courts. Adjournments are sought on the drop of a hat by the counsel, even though the witness is present in court, contrary to all .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

l kinds of tactics. There is no cavil over the proposition that there has to be a fair and proper trial but the duty of the court while conducting the trial to be guided by the mandate of the law, the conceptual fairness and above all bearing in mind its sacrosanct duty to arrive at the truth on the basis of the material brought on record. If an accused for his benefit takes the trial on the path of total mockery, it cannot be countenanced. The Court has a sacred duty to see that the trial is co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version