Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1975 (12) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1975 (12) TMI 184 - SC - Indian Laws

Issues:
Conviction under Section 165A, Indian Penal Code based on bribery allegations.

Analysis:
The appellant, a C.I.D. police constable, was convicted under Section 165A, Indian Penal Code for attempting to bribe Head Constable Jagat Singh to substitute seized gold coins in a criminal case. The prosecution's case was supported by witnesses, including Jagat Singh, the Deputy Superintendent of Police, and the Sub-Inspector. The appellant was found in possession of gold coins with hook-marks, further implicating him in the bribery scheme. The High Court upheld the conviction, leading to the appeal to the Supreme Court.

The Supreme Court, after hearing arguments from both sides, found no infirmity in the conviction. It was established that the appellant, along with two co-accused, attempted to influence Jagat Singh to tamper with evidence in favor of the main accused, Rameshwar Dass. The appellant offered a bribe of Rs. 1000 to Jagat Singh, which was supplied by the co-accused, to secure a favorable outcome in the criminal case. The Court noted that the appellant's actions amounted to an attempt to bribe Jagat Singh to show favoritism towards Rameshwar Dass, thereby violating the law.

Regarding the issue of Jagat Singh being declared a hostile witness, the Court held that his evidence, though affected by the declaration, remained admissible. The evidence provided by Jagat Singh was corroborated by other reliable witnesses and physical evidence, such as the recovery of gold coins from the appellant's pocket. The Court emphasized that the evidence, when considered collectively, established the appellant's guilt under Section 165A of the Indian Penal Code.

In conclusion, the Supreme Court dismissed the appeal, finding no merit in challenging the conviction. The Court affirmed the lower courts' decisions based on the compelling evidence presented, including witness testimonies and physical evidence, which conclusively proved the appellant's involvement in attempting to bribe a police officer, thus violating the law under Section 165A of the Indian Penal Code.

 

 

 

 

Quick Updates:Latest Updates