NDLI: V.s. Achuthanandan Vs. R. Balakrishna Pillai & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	CODE OF CRIMINAL PROCEDURE 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	ODE OF CRIMINAL PROCEDURE, 1973:Appeal against acquittal -Jurisdiction of appellate court. Held: The Code puts no limitation on exercise of powers of appellate court either on questions of fact or of law. However,an appellate court must bear in mind that in case of acquittal, there is double presumption in favour of accused. Constitution of India, 1950 -Article 136.CONSTITUTION OF INDIA, 1950 :Article 136 -Appeal by way of special leave - Filed by non-complainant/non party -Maintainability of Conviction by trial court of a Minister and higher officials of State Electricity Board For entering into conspiracy and awarding contract to accused-contractor at exorbitant rates causing huge loss to Board -Acquittal by High Court - Appeal by erstwhile leader of opposition party -Held: In the instant case, certain special features exist -State has not filed appeal -Taking note of the importance of the issue, appellant had earlier approached the Supreme Court when State wanted to close the prosecution against all the accused including the Minister, and accepting appellant's claim Special Judge was allowed to proceed in the case, which culminated in conviction of the accused by the Special Court -No objection as to locus of the appellant was raised on the earlier occasion -In view of the special circumstances, the instant appeal by the appellant against order of acquittal passed by high court is maintainable- locus standi.PENAL CODE, 1860: ss. 120-B and 409, and ss. 5(1)(C) and 5(2) of Prevention of Corruption Act read with sec. 120B IPC -Contract awarded B by State Electricity Board to accused-contractor on exorbitant rates -Member of the Board, Member of Consultative Council of the Board, Minister for Electricity in the State Government, the contractor along with others prosecuted -Death of contractor and another accused. Conviction by trial court of the Member of the Board, Member of its Consultative Council and the Minister -Acquittal by High Court -Held : The Board is empowered with the authority to award contracts, but being a Public Undertaking it is not expected to accept tenders at exorbitant rates causing loss to the Board -Except on policy matters the State Government had no role to play in the affairs of the Board -The evidence clearly shows that the Minister concerned used to interfere in awarding contracts of the Board and the accused-contractor had been chosen in advance by him -The evidence indicates that the conspiracy to award the work to the accused-contractor at exorbitant rates originated even prior to submission of tenders -Special Court has rightly concluded that a criminal conspiracy was hatched out at the instance of the Minister concerned and the Member of the Consultative Council -Prosecution has established against the three accused-appellants that the contract was awarded to the accused-contractor at and exorbitant rates -Besides the accused-contractor was favoured with special conditions in the contract causing further loss to the Board - There were procedural irregularities and omissions in dealing with the tenders and hasty steps were taken in awarding the contract in favour of the accused-contractor- Special Court accepting the prosecution case, rightly convicted the accused -High Court committed grave error in acquitting the accused without adverting to reliable and acceptable evidence adduced by prosecution. Judgement of High Court set aside and conviction of all the three accused as recorded by Special Court upheld -However, keeping in view the facts and circumstances of the case, and the fact that the accused have undergone agony of the proceedings for nearly two decades, accused sentenced to rigorous imprisonment for one year with fine of Rs. 10,000/- each - Kerala State Electricity Board Tender Regulations -Regulation 25 (C).ADMINISTRATION OF CRIMINAL JUSTICE :Disposal of cases relating to corruption by public servant. Held: When a matter of this nature is entrusted to a Special Court or a regular court, such trials should be given priority and concluded within a reasonable time -High Courts are expected to monitor and even call for quarterly report from courts concerned for speedy disposal -Inasmuch as accused is entitled to speedy justice, it is the duty of all in charge of dispensation of justice to see that the issue reaches its end as early as possible -Constitution of India, 1950 -Article 227.
Judge	Honble Mr. Justice P. Sathasivam
Neutral Citation	2011 INSC 116
Petitioner	V.s. Achuthanandan
Respondent	R. Balakrishna Pillai & Ors.
SCR	[2011] 2 S.C.R. 762
Judgement Date	2011-02-10
Case Number	350

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