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Criminal · Reportable judgment

Kannan vs State Rep. by Inspector of Police

Court
Supreme Court of India
Date
12 September 2018
Case No.
Criminal Appeal No. 1580 of 2011
Result
Dismissed
Bench
R. Banumathi, Indira Banerjee
Citation
[2018] 11 S.C.R. 650 : 2018 INSC 809
Supreme Court Reports [2018] 11 S.C.R. 650 : 2018 INSC 809
Headnote

Prevention of Corruption Act, 1988 – ss.7 and 13(2) r/w. s.13(1)(d) – Prosecution case was that Deputy Commercial Tax Officer (PW-4) along with A-1, who was then working as Assistant Commercial Tax Officer, inspected a grocery shop (owned by father of PW-2) and seized the accounts book – PW-2 approached A-1 to return the accounts book for which A-1 demanded bribe – PW-2 lodged a complaint before Anti-corruption wing – Trap was arranged to catch the accused – Accordingly, PW-2 went to the office of A-1 where A-1 asked him whether he brought the money and when PW2 stated that he brought the money, A-1 asked PW-2 to pay the money to A-2 and directed A-2 to receive the money – Trap team took the sodium carbonate test, which led to arrest of A-1 and A-2 – Trial Court convicted both accused u/ss.7 and 13(1)(d) of the Act, and sentenced them to undergo rigorous imprisonment for two years – However, High Court reduced the sentence to one year imprisonment – On appeal, held: PW-2 clearly stated in his statement about demand and acceptance of bribe amount by A-1 and A-2 – PW-3, the accompanying witness clearly supported prosecution case – Furthermore, the evidence of PW-6, the office assistant, also corroborated the version of PW-2 – Courts below, rightly found accused guilty on basis of the evidence of PW-2 and test conducted in the sodium carbonate solution.

Dismissing the appeals, the Court

Read the full headnote (1 more paragraph)

HELD: 1. PW-2 clearly stated about the demand and acceptance of the bribe amount by A-1 and A-2. PW-3, accompanying witness, though turned hostile, in his ChiefExamination clearly stated that he accompanied PW-2 who went and met A-1 and on the direction of A-1, PW-2 paid the money to A-2. To that extent, the evidence of PW-2 is corroborated by the evidence of PW-3. That apart, the evidence of PW-6, the office assistant, also corroborates the version of PW-2. In his evidence PW-6 has stated that PW-2 went inside the room of A-1 and that A-1 told A-2 that PW-2 would give money and that A-2 must take and keep it with him. Accordingly, PW-2 gave money to A-2 who received the same. Thus, the evidence of PW-2 is corroborated by the evidence of PW-6, the Office Assistant. Based on the evidence of PW-2 and test conducted in the sodium carbonate solution the Trial Court and the High Court had rightly found the appellants-accused guilty of the offences. There were no grounds to take a different view. [Paras 4 and 5][652-G; 653-A-C]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by R. BANUMATHI, J. 1. These appeals arise out of the conviction of the appellants under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and the appellants were sentenced to undergo rigorous imprisonment for one year. 2. A grocery shop under the name and style “Ambika Stores” was run by father of Sabapathy-(PW-2). On 19th October, 1994 Deputy Commercial Tax Officer (PW-4) along with accused no.1, M. Nadimuthu, who was then working as Assistant Commercial Tax Officer, inspected the grocery shop and seized the ac
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