Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872-Secs. 114(b) and 133 Indian Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Evidence Act, 1872-Secs. 114 (b) an d 133-accomplice-Uncorroborated testimony-Acceptance of-Guarded approach of Court-Held, though his evidence could be relied upon, the facts and circumstances conviction not illegal-Hence, upheld.Corroboration of Accomplice-Need for-In the nature of supporting evidence-Not for ensuring any defect in the testimony of accomplice or to validate it-Nature of corroborating evidence can be even by way of circumstantial evidence.Corroboration-Bribery case--Absolutely independent witness not possible-Necessity, extent and nature of dependence on facts and circumstances-Necessity of corroboration of complainant in all material particulars-Cannot be laid down as a rule of law.Accomplice-Bribery case-types and grades of-First:The giver of money for the purpose of trap to be called interested witness-Second. One who is always willing to get his work done by giving bribe and then complaining-Particeps criminis-Statement of particeps criminis to be treated as the statement of accomplice.Indian Penal Code, 1860-Section 161 read with Section 120B-Prevention of Corruption Act, 1947-Section 5 (2) r/w Section 5(1)(d)-Prosecution,under-Testimony of bribe giver-No corroboration-Two independent witnesses of trap proceedings-Conviction by trial Court and High Court-Held, evidence of bribe giver corroborated by circumstantial evidence and independent witnesses-Hence, conviction confirmed.Words and Pharases: ''Accomplice", "Corroboration" meaning of:The Petitioners/A-1 and 2 were charged under Section 5(2) read with Section 5 (1)(d) of Prevention of Corruption Act and under section 161 read with Section 120B IPC. The allegations against them were that A1,Tehsildar and A2 Village Assistant had demanded bribe of Rs. 500 from PW1 and PW2 for issuance of Patta of a piece of land in favour of PW-1. PW-1 filed complaint before Deputy S.P., Vigilance, in the presence of PW3 and PW4. Trap was laid and the trap party alongwith mediators PWs 3 and 4 accompanied PWs 1 and 2 till the office of A-1. PWs 1 and 2 went inside the office and A-1 who asked PW 1 to give the amount to A-2 who was standing nearby. PW-1 gave the amount to A-2 who kept it in his pant pocket. After signal from PW-1 the trap party with PWs 3 and 4 reached there and on asking, A-2 took out Rs. 500, the number of which tallied with the number noted down by the raiding party. Phenolphthelin test of fingers of A-2, his pant pocket and currency notes proved positive.A-1 denied the charge and A-2 stated that he had obtained loan from his Provident Fund Account and from that money a loan of Rs. 500 was taken from him by A/1. He received the amount bonafide believing that it was towards the loan. In support of statement of A-1, DW-1 was produced.The Court declaring PW-1 hostile and on the basis of evidence of P.W1 and P.Ws.3 and 4, the independent witnesses, convicted both the accused of the above charges.The appeal of the accused to High Court were dismissed. In appeal to this Court, A-1 contended that P.W.1, the bribe giver was in the nature of accomplice and since P.W. 2 was declared hostile, there was no corroboration to the alleged demand of bribe and also that bribe money was not recovered from him, therefore, his plea of innocence is worth to be admitted. A- 2 contended that since he received the money bonafide believing it to be towards the loan, he was innocent. |
Judge | Hon'ble Mr. Justice K. Jayachandra Reddy |
Neutral Citation | 1995 INSC 197 |
Petitioner | M.o. Shamsudhin |
Respondent | State Of Kerala. |
SCR | [1995] 2 S.C.R. 900 |
Judgement Date | 1995-03-21 |
Case Number | 553 |
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