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TMI Blog2015 (4) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court was therefore not justified in concluding that everything stood completed on 1.12.2005 itself - As regards these facets of the matter, there is complete consistency between PW-1 Umashankar and PW-3 complainant and as regards other features of the matter i.e. after the raiding party had entered the Police Station, they also stand corroborated by the other witnesses. The immediate explanation offered by the Appellant was that the money was thrust into his pocket but this was given up and the Appellant remained silent. In the absence of any evidence offered by the Appellant to explain the circumstances, the presumption Under Section 20 of the Act was not in any way rebutted and the prosecution case stood completely established - the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prosecution that the Complainant and three others were granted anticipatory bail by the Additional Sessions Judge, Mandya and in connection therewith he had gone to Malavalli Rural Police Station for executing the bail bond. The Appellant who was then working as Sub Inspector of Police allegedly demanded ₹ 1,000/- from each of those persons in order to permit them to sign the bail bonds and avail the facility. It was alleged that said Complainant had gone to the Police Station along with surety Siddaraju and met the Appellant but the Appellant refused to permit him to execute the bail bond. On 1.12.2005, at the insistence of the Complainant bail bond was prepared by writer Rajendra but the Appellant shouted at him why it was prepared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd made by the Appellant, PW-3 complainant made over those two currency notes of ₹ 500/- each. The Appellant received the Currency Notes in his right hand and kept the same in the hip pocket of his trouser. PW 3 Complainant and PW-1 Umashankar came out of the Police Station and gave requisite signal whereafter the raiding party came inside and apprehended the Appellant. Upon chemical examination, his right hand turned pink. The money was recovered from the possession of the Appellant under a panchnama. The Appellant on being asked, gave his explanation in writing Ext. P-3 to the effect that the money was thrust into his pocket forcibly. After due investigation, the Appellant was tried for the offences punishable Under Section 7 and 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence on record, the High Court found that the demand and acceptance stood fully established. It also noted that the initial theory as set out in explanation Ext. P-3 was not established at all. The High Court further found that the prosecution had established the case beyond any doubt and that the trial court had not considered the evidence of material witness in proper perspective. The High Court therefore allowed the appeal and convicted the Appellant as stated above. The Appellant being aggrieved has preferred the instant appeal by Special Leave. It may be noted that because of medical condition the Appellant was granted exemption from surrender by this Court which order has continued during the pendency of the appeal. 8. Mr. P. Vishw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y after the exchange of money as stated by PW-3 and PW-1. Moreover, no entry was made in the Station Diary Ext. P-5 as stated by PW-6 Investigating Officer as well as PW-5 Basavraju. The Trial Court was therefore not justified in concluding that everything stood completed on 1.12.2005 itself. We have also scanned the evidence of the relevant witnesses and found the following: (i) Though there is variation in their version as regards the actual words uttered by the Appellant, both PWs 1 and 3 are consistent that such demand was made, (ii) Both are again consistent that money was made over by PW-3 complainant which was received in right hand by the Appellant, (iii) that the money was kept by the Appellant in the hip pocket of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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